In French and Scots law, a mandant, also known as a bailor, is someone who hires another person, known as a mandatary, to do a job for them, which is referred to as a mandate. For instance, if you request someone to look after your pet during your absence, you assume the role of the mandant while they become the mandatary.
The mandant is the principal in a contract of mandate, such as a bailor in a bailment. In French and Scots law, it refers to the person who delegates the performance of a mandate to another. In civil law, it is the person who employs another in a gratuitous agency. For instance, when someone hires a lawyer to represent them in court, they are the mandant. Similarly, if a company hires a marketing agency to promote their products, the company is the mandant. In a bailment, the mandant is the person who entrusts their property to another for safekeeping. These examples demonstrate that the mandant is the individual who initiates a contract of mandate or agency and delegates tasks or responsibilities to another person or entity.
A mandant is a legal term referring to an individual or entity that grants authority to another person, known as the mandatary, to act on their behalf in legal matters.
The mandant is the person granting authority, while the mandatary is the person receiving the authority to act on behalf of the mandant.
A mandant can authorize a mandatary to handle various legal matters, such as signing contracts, making financial decisions, representing them in court, or managing their property.
While a written agreement is not always required, it is highly recommended to have a written document outlining the scope of authority granted by the mandant to the mandatary. This helps avoid any misunderstandings or disputes in the future.
Yes, a mandant has the right to revoke the authority granted to a mandatary at any time, as long as it does not violate any existing legal obligations or contracts.
No, a mandatary must strictly adhere to the scope of authority granted by the mandant. Acting beyond the authorized scope may result in legal consequences for the mandatary.
In general, a mandant is not held liable for the actions of a mandatary, as long as the mandatary acted within the authorized scope of authority. However, if the mandant knew or should have known that the mandatary was acting unlawfully, the mandant may be held partially responsible.
Yes, a mandant can appoint multiple mandataries to act on their behalf. In such cases, the mandant may specify whether the mandataries can act jointly or independently.
In some cases, a mandatary may be allowed to delegate their authority to another person, but this is subject to the specific terms and conditions agreed upon between the mandant and the mandatary.
In general, a mandant should provide reasonable notice to the mandatary before terminating their authority. However, if the mandatary has breached their duties or acted unlawfully, the mandant may be able to terminate the authority immediately without notice.
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: 17th April 2024.
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