Mandate (Powers of Attorney) and Representation Flashcards

Under Louisiana Civil Code, what is a mandate?

Answer: A contract by which a person confers authority on another to transact affairs on the principal's behalf

A mandate is a contract of representation where the principal authorizes the mandatary to act on their behalf.

What is the difference between a general mandate and a special mandate in Louisiana law?

Answer: A general mandate covers all affairs; a special mandate covers specific transactions

A general mandate authorizes the mandatary to handle all affairs, while a special mandate is limited to specific matters.

Under Louisiana law, when does a mandate terminate?

Answer: Upon death or interdiction of either party, revocation by the principal, renunciation by the mandatary, or expiration of the term

Mandate terminates by several causes including death, interdiction, revocation, renunciation, or expiration.

What is a procuration in Louisiana notarial practice?

Answer: A written power of attorney authorizing someone to act on another's behalf

A procuration is a formal written instrument granting power of attorney.

Can a mandatary appoint a substitute (sub-mandatary) in Louisiana?

Answer: Yes, unless the principal has expressly prohibited substitution

A mandatary may appoint a substitute unless the principal has prohibited it, but remains responsible.

What special requirements apply to a mandate for the donation of immovable property in Louisiana?

Answer: The mandate must expressly authorize the donation and must be in authentic act form

The mandate must match the formality of the act it authorizes.

Under Louisiana law, what is a mandate of interest (mandat in rem suam)?

Answer: A mandate given for the benefit of the mandatary or a third party, which is irrevocable without consent

A mandate of interest benefits the mandatary or a third party and cannot be unilaterally revoked.

What obligations does a mandatary owe to the principal under Louisiana law?

Answer: The duty to act within authority, exercise reasonable care, render an accounting, and act in good faith

A mandatary owes duties of fidelity, care, accounting, and good faith.

Under Louisiana law, what is the effect if a mandatary acts beyond the scope of the mandate?

Answer: The principal is not bound unless they ratify the unauthorized act

Acts beyond the mandate's scope do not bind the principal unless ratified.

How does a durable power of attorney function in Louisiana?

Answer: It survives the principal's incapacity and continues in effect despite subsequent disability

A durable power of attorney continues in force even if the principal becomes incapacitated.

What is the difference between a mandate and a contract of employment under Louisiana law?

Answer: A mandate involves representation and authority to bind the principal; employment involves performing services without the power to represent

The key distinction is that a mandate involves the power of representation.

Under Louisiana law, can a principal ratify an unauthorized act performed by someone who was not actually a mandatary?

Answer: Yes, the principal may ratify the act of any person who acted on the principal's behalf without authority

A principal may ratify acts done on their behalf even by persons who had no prior authority.