mandate


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Mandate

A judicial command, order, or precept, written or oral, from a court; a direction that a court has the authority to give and an individual is bound to obey.

A mandate might be issued upon the decision of an appeal, which directs that a particular action be taken, or upon a disposition made of a case by an inferior tribunal.

The term mandate is also used in reference to an act by which one individual empowers another individual to conduct transactions for an individual in that person's name. In this sense, it is used synonymously with Power of Attorney.

mandate

n. 1) any mandatory order or requirement under statute, regulation, or by a public agency. 2) order of an appeals court to a lower court (usually the original trial court in the case) to comply with an appeals court's ruling, such as holding a new trial, dismissing the case, or releasing a prisoner whose conviction has been over-turned. 3) same as the writ of mandamus, which orders a public official or public body to comply with the law. (See: mandamus, writ of mandate)

mandate

an authority given by one person to another to do certain things or take some course of action and accepted by the other. So, the authority given by a principal to his agent is a mandate. A mandate is commonly revocable until acted upon and is terminated by the death of the mandator. The gratuitous contract of mandate is recognized in Scotland.

MANDATE, practice. A judicial command or precept issued by a court or magistrate, directing the proper officer to enforce a judgment, sentence or decree. Jones'. Bailm. 52; Story on Bailm. Sec. 137.

MANDATE. Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. Jones' Bailm. 52; 2 Ld. Raym. 909, 913. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. Bailm. Sec. 137. And Mr. Chancellor Kent defines it to be when one undertakes, without recompense, to do some act for the other in respect to the thing bailed. Comm. 443. See, for other definitions, Story on Bailm. Sec. 137; Pothier, Pand. lib. 17, tit. 1; Wood's Civ. Law, B. 3, c. 5, p. 242; Halifax's Anal. of the Civ. Law, 70,; Code of Louis. art. 2954; Code Civ. art. 1984; 1 Bouv. Inst. n. 1068.
     2. From the very term of the definition, three things are necessary to create a mandate. First, that there should exist something which should be the matter of the contract; secondly, that it should be done gratuitously; and thirdly, that the parties. should voluntarily intend to enter into the contract. Poth. Pand. Lib. 17, tit. 1, p. 1, Sec. 1; Poth. Contr. de Mandat, c. 1, Sec. 2.
     3. There is no particular form or manner of entering into the contract of mandate, prescribed either by the common law, or by the civil law, in order to give it validity. It may be verbal or in writing; it may be express or implied it may be in solemn form or in any other manner. Story on Bailm. Sec. 160. The contract may be varied at the pleasure of the parties. It may be absolute or conditional, general or special, temporary or permanent. Wood's Civ. Law, 242; 1 Domat, B. 1. tit. 15, Sec. 1, 6, 7, 8; Poth. Contr. de Mandat, c. 1, Sec. 3, n. 34, 35, 36.
     4. As to the degree of diligence which the mandatory is bound to exercise, see Mandatory; Negligence; Pothier, Mandat, h. t; Louis. Code, tit. 15 Code Civ. t. 13, c. 2 Story on Bailm. Sec. 163 to 195; 1 Bouv. Inst. n. 1073.
     5. As to the duties and obligations of the mandator, see Story on Bailm. 196 to 201; Code Civ. tit. 13, c. 3; Louis. Code, tit. 15, c. 4; 1 Bouv. Inst. n. 1074.
     6. The contract of mandate may be dissolved in various ways: 1. It may be dissolved by the mandatary at any time before he has entered upon its execution; but in this case, as indeed in all others, where the contract is dissolved before the act is done which the parties intended, the property bailed is to be restored to the mandator.
     7.-2. It may be dissolved by the death of the mandatory; for, being founded in personal confidence, it is not presumed to pass to his representatives, unless there is some special stipulation to that effect. But this principally applies to cases where the mandate remains wholly unexecuted; for if it be in part executed, there may in some cases, arise a personal obligation on the part of the representatives to complete it. Story on Bailm. Sec. 202.; 2 Kent's Com. 504, Sec. 4; Pothier, Mandat, c. 4, Sec. 1, n. 101.
     8. Whenever the trust is of a nature which requires united, advice, confidence and skill of all, and is deemed a joint personal trust to all, the death of one joint mandatary dissolves the contract as to all. See Story on Bailm. Sec. 202; Co. Litt. 112, b; Id. 181, b; Com. Dig. Attorney, C 8; Bac. Abr. Authority, C; 2 Kent's Com. 504 7 Taunt. 403.
     9. The death of the mandator, in like manner, puts an end to the contract. See 2 Mason's R. 342; 8 Wheat. R. 174; 2 Kent's Com. 507; 1 Domat, B. 1, tit. 15, Sec. 4, n. 6, 7, 8; Pothier, Contract de Mandat, c. 4, Sec. 2, n. 103. But although an unexecuted mandate ceases with the death of the mandator, yet, if it be executed in part at that time, it is binding to that extent, and his representatives must indemnify the mandatory. Story on Bailm. Sec. 204, 205.
    10.-3. The contract of mandate may be dissolved by a change in the state of the parties; as if either party becomes insane, or, being a woman, marries before the execution of the mandate. Story on Bailm. Sec. 206; 2 Rop. on H. & W., 69, 73; Salk. 117; Bac. Abr. Baron and Feme, E; 2 Kent's Com. 506,
    11.-4. It may be dissolved by a revocation of the authority, either by operation of law, or by the act of the mandator.
    12. It ceases by operation of law when the power of the mandator ceases over the subject-matter; as, if he be a guardian, it ceases, as to his ward's property, by the termination of the guardianship. Pothier, Contract de Mandat, c. 4, Sec. 4, n. 112.
    13. So, if the mandator sells the property, it ceases upon the sale, if it be made known to the mandatory. 7 Ves. Jr. 276; Story on Bailm. Sec. 207.
    14. By the civil law the contract of mandate ceases by the revocation of the authority. Story on Bailm. Sec. 208; Code Civ. art. 2003 to 2008; Louis, Code, art. 2997.
    15. At common law, the party giving an authority is generally entitled to revoke it. See 5 T. R. 215; Wallace's R. 126; 5 Binn. 316. But, if it be given as a part of a security, as if a letter of attorney be given to collect a debt, as a security for money advanced, it is irrevocable by the party, although revoked by death. 2 Mason's R. 342; 8 Wheat. 174; 2 Esp. R. 365; 7 Ves. 28; 2 Ves. & Bea. 51; 1 Stark. R. 121; 4 Campb. 272.

MANDATE, civil law. Mandates were the instructions which the emperor addressed to public functionaries, which were to serve as rules for their conduct. 2. These mandates resembled those of the pro-consuls, the mandata jurisdictio, and were ordinarily binding on the legates or lieutenants of the emperor of the imperial provinces, and, there they had the authority of the principal edicts. Sav. Dr. Rom. ch. 3, Sec. 24, n. 4.

References in periodicals archive ?
Some defenders of the law claim that the individual mandate is similar to federal statutes banning racial discrimination by businesses such as motels and restaurants.
Regarding the summoning of ministers, which led to local media accusing the forum of going beyond its mandate, Phalvorun said the forum can only summon a minister through a prior request to the prime minister.
In one sense, our results are similar to those in the literature on group-specific health insurance benefit mandates. Lahey (2012) and Bailey (2014) find that when a mandate meant to benefit a group causes an increase in the cost of employing that group (e.g., an infertility treatment mandate and 28- to 42-year-old women), the mandate can decrease employment among that group without decreasing employment overall.
The ACA individual mandate requires many people to have what the government classifies as solid major medical coverage throughout much of the year or else pay a penalty.
"The fact that three thousand of civilians who feel unsafe without UNMISS protection is the most factor that can and will contribute to the unilateral renewal of UNMISS mandate", Tito said in a statement.
According to Greg Scandlen, publisher of the letter, which focuses on health benefits reform on the state and federal levels, earlier reports show about 820 mandates in effect, while the new study identifies 992.
FINDING ACCOMMODATION: WHEN A MANDATE RAISES YOUR COSTS
Most political analysts have no problem in saying that the winner in the 2016 presidential election, Rodrigo Duterte, has earned a clear mandate. Yet, they will probably disagree with one another as to what this mandate instructs him to do.
Enacting the Patient Protection and Affordable Care Act (PPACA) mandate repeal provisions in H.R.
Women have seen a 20% decrease in their out-of-pocket expenses for oral contraceptives and intrauterine devices since the implementation of the Affordable Care Act's mandate to cover contraceptives without consumer cost sharing, according to a new analysis published in Health Affairs.
Within 10 months of implementation of the ACA's contraception mandate, median spending for almost all contraceptive methods fell to zero and the average spending dropped by 38%-93%, depending on the method, according to the researchers.
E-mandates allows customers of businesses and government agencies to pay for products and services by direct debit through their websites, saving costs associated with paper direct debit instructions and sidestepping the lack of security of the existing online direct debit mandate procedure.