Mandating definition

It may be dissolved by a revocation of the authority, either by operation of law, or by the act of the mandator. 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. So, if the mandator sells the property, it ceases upon the sale, if it be made known to the mandatory. It may be verbal or in writing; it may be express or implied it may be in solemn form or in any other manner. 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 absolute or conditional, general or special, temporary or permanent.

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As to the degree of diligence which the mandatory is bound to exercise, see Mandatory; Negligence; Pothier, Mandat, h. 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. Mandates were the instructions which the emperor addressed to public functionaries, which were to serve as rules for their conduct. 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. 3) same as the writ of mandamus, which orders a public official or public body to comply with the law. 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. (See: mandamus, writ of mandate)noun authoritative command, authoritative order, behest, bid, canon, charge, command, command by the court, commandment, decree, decretal, dictate, direction, directive, edict, enactment, fiat, imperative, instruction, judicial command, judicial decree, judicial order, mandatum, order, precept, prescript, prescription, proscription, regulation, request, requirement, requisition, rule, ruling, ultimatum, written order Associated concepts: judicial mandate, legislative mandate, mandate of the court Foreign phrases: Rei turpis nullum mandatum est. Cui jurisdictio data est, ea quoque concessa esse videntur, sine quibus juuisdictio explicari non potest. So, the authority given by a principal to his agent is a mandate.

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