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

Louisiana Civil Code Article 2993 provides that a mandate must be in the same form that the law prescribes for the act which is its object. Because the sale of immovable property requires an authentic act or act under private signature, the mandate authorizing that sale must meet the same formal requirements.

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

Louisiana Civil Code Article 2989 establishes that a mandate is gratuitous by default unless the parties agree to compensation or the nature of the mandatary's profession requires payment. This distinguishes mandate from a contract for services, where compensation is expected.

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

Under Louisiana Civil Code Article 3016, when a mandatary acts in his own name and does not disclose the principal, the mandatary is personally bound to the third party. The third party generally has no direct right of action against the undisclosed principal, placing the risk and obligation on the mandatary.

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

Louisiana Civil Code Article 3020 provides that ratification by a principal relates back to the time of the unauthorized act, giving it the same effect as if the mandatary had been properly authorized from the outset. This retroactive validation protects third parties who dealt in good faith.

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

Louisiana Civil Code Article 3005 permits a mandatary to appoint a substitute only when the principal has expressly or impliedly authorized such delegation. If a mandatary appoints a substitute without authorization, the mandatary remains personally liable for the acts of that substitute.

LA Notary - Louisiana Notary Exam Practice Test

LA Notary - Louisiana Notary Exam Practice Test

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