Mandatary


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MANDATARY, contracts. One who undertakes to perform a mandate. Jones' Bailm. 53; Story on Bailm. 38. Dr. Halifax calls him mandatee. Halif. Anal. Civ. Law, 70, Sec. 16, 17.
     2. It is the duty of a mere mandatory, it is said, to take ordinary care of the property entrusted to him. Vide Negligence. But it has been held that he is liable only for gross negligence. 14 S. & R. 275; 2 Hawks, R. 145; 2 Murph. R. 373; 3 Dana, R. 205; 3 Mason, R. 132; 11 Wend, R. 25; Wright, R. 598; 1 Bouv. 1st. n. 1073.

References in periodicals archive ?
The private law mandate has an intuitu personae character due to the fact that it is conferred by the mandator on the mandatary in view of the personal qualities of the latter.
(94) It cannot be argued that the principal debtor acts as the surety's mandatary, so as to make the surety a party to the principal obligation.
As regards the loans contracted or guaranteed by the state, in case the money is insufficient to cover the payments fallen due completely, all the responsibility assumed by the mandatary agents cease, the bonds being simultaneously taken over by the Public Finance Ministry.
According to information from Commissioner Hahn's office, he is going to visit Macedonia either on 14 or 15 January, which overlaps with the timing when Prime Minister Nikola Gruevski is expected to tender his notice of resignation whereupon a caretaker government would be formed with a new mandatary and with the only task of organizing early parliamentary elections on 24 April.
The conditions that pose the main difficulties are: (1) the necessity of obtaining the consent of a determinate person (parent, tutor, curator, mandatary) and (2) the necessity of written consent.