COMM 315 Lecture Notes - Lecture 5: Vicarious Liability, Canadian National Railway, Mandator
Document Summary
Mandate allows businesses to exist separately and be represented in their dealings. Mandate is a contract between two persons, the mandator and the mandatary, by which the mandator empowers the mandatary to represent him in dealings with an outside party (third party) (power of attorney) Mandator (principal) : grants the power to a. Mandatary (agent) : receives the power to who act on mandator"s behalf: must accept the powers and then must exercise the functions or duties, powers of mandatary determined by contract, law, etc. which appoints the mandatary. Power of attorney : refers to the document or the power itself. Remuneration : by gratuitous title mandatary expects no payment in return for his services. Mandataries must be paid even if mandate is not successfully completed; unless a fault was committed. Scope : mandates can be special ; for the performance of a speci c task or general ; covering all of the business activities of the mandator.