Ex causa mandati is a Latin phrase utilised in Scots law that signifies “because of the mandate”. It pertains to the entitlement of an individual who has been entrusted with a mandate to seek reimbursement for all expenses incurred and be exempted from any obligations arising from the execution of the mandate. In simpler terms, it implies that if someone is requested by another person to perform a task, they have the right to request a refund of their expenses and be released from any associated responsibilities.
Ex causa mandati, a Latin term used in Scots law, refers to the principle that a person who has been authorized to act on behalf of another is entitled to reimbursement for expenses and relief from obligations incurred in carrying out that mandate. For instance, if someone is mandated to sell a property, they can claim reimbursement for expenses like advertising costs, legal fees, and commission. Additionally, they can be relieved of any obligations, such as liability for undisclosed defects in the property. This entitlement arises from their actions being ex causa mandati, or on account of the given mandate.
Ex Causa Mandati is a legal principle that refers to the authority given to an agent to act on behalf of another party in a specific matter or transaction.
Under Ex Causa Mandati, the principal grants the agent the power to perform certain acts or make decisions on their behalf. The agent is obligated to act in the best interests of the principal and within the scope of the authority granted.
Ex Causa Mandati is a specific type of power of attorney that is limited in scope and duration. It is typically used for a specific transaction or purpose, whereas a general power of attorney grants broader authority to the agent.
Yes, Ex Causa Mandati can be revoked by the principal at any time, as long as it is done in accordance with the terms of the agreement or applicable laws.
While it is generally recommended to have a written agreement for clarity and evidence, Ex Causa Mandati can be given orally. However, it may be more difficult to prove the existence and terms of the agreement without a written document.
Yes, Ex Causa Mandati can be used for financial matters, such as authorizing an agent to handle specific banking transactions or make investment decisions on behalf of the principal.
No, Ex Causa Mandati is not typically used for healthcare decisions. For healthcare matters, a separate document called a healthcare power of attorney or advance directive is usually used.
Yes, Ex Causa Mandati can be used for real estate transactions, such as authorizing an agent to buy or sell property on behalf of the principal.
Ex Causa Mandati is not commonly used for legal proceedings. In legal matters, a power of attorney specifically tailored for legal representation, such as a litigation power of attorney, is usually used.
The recognition and enforceability of Ex Causa Mandati may vary in different jurisdictions. It is advisable to consult with legal professionals in the relevant jurisdictions to ensure compliance with local laws and regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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