LA Notary - Louisiana Notary Exam Mandate (Powers of Attorney) and Representation 1

Question 1

Under Louisiana Civil Code Article 2993, what form is required for a mandate authorizing the sale of immovable property?

Accepted Answer

The same form required by law for the act that is the object of the mandate

Answer

An oral instruction witnessed by two competent witnesses

Answer

A simple written letter signed only by the principal

Answer

Any written instrument, regardless of form, is sufficient

Question 2

Under Louisiana Civil Code, what is the general presumption regarding compensation when parties have not addressed payment in a mandate agreement?

Accepted Answer

The mandate is presumed gratuitous unless the parties agree otherwise or compensation is required by the mandatary's profession

Answer

The mandate is presumed onerous, and the mandatary is entitled to reasonable compensation

Answer

The court must determine reasonable compensation based on the complexity of the task

Answer

The principal must pay at least the statutory minimum fee established by Louisiana law

Question 3

When a mandatary in Louisiana acts in his own name without disclosing the identity of the principal to a third party, which of the following best describes the legal consequence?

Accepted Answer

The mandatary becomes personally bound to the third party, and the third party has no direct action against the principal

Answer

The principal is directly bound to the third party as if the mandatary had disclosed him

Answer

The contract is void because the principal's identity must always be disclosed

Answer

The third party may elect to hold either the principal or the mandatary liable

Question 4

Under Louisiana Civil Code Article 3020, what is the legal effect when a principal ratifies an act that was performed without authority or in excess of the mandatary's authority?

Accepted Answer

Ratification retroactively validates the act from the moment it was performed, as if authority had existed at that time

Answer

Ratification is ineffective; only a new mandate can cure the unauthorized act

Answer

Ratification is effective only prospectively and does not affect prior obligations

Answer

Ratification requires a separate authentic act to become legally binding

Question 5

Under Louisiana Civil Code, when may a mandatary lawfully delegate performance of the mandate to a substitute?

Accepted Answer

A mandatary may delegate to a substitute only when expressly or impliedly authorized by the principal

Answer

A mandatary may always appoint a substitute, provided the substitute is notarized

Answer

A mandatary may delegate any ministerial task but never a discretionary one, without any authorization

Answer

Delegation is only permitted when the mandatary becomes incapacitated

Question 6

When a Louisiana instrument appoints two mandataries jointly without specifying how they are to act, how must those mandataries exercise the authority granted to them?

Accepted Answer

Either mandatary may act alone, as joint appointment implies independent authority

Answer

They must act unanimously unless the instrument expressly provides otherwise

Answer

Each mandatary is independently liable but may act on separate matters as they choose

Answer

A majority decision of the mandataries is sufficient to bind the principal