COMM 315 Chapter Notes - Chapter 5: Mandator, Vicarious Liability
6 Mar 2017
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Mandate: contract between 2 people (mandator and mandatary), by which mandator lets mandatary represent him/her in dealings w/ outside party (3rd person) Under contract of mandate, mandatary given power to not merely help mandator in performing task but to act on behalf of mandator to bind mandator to agreement reached between mandatary and third person. Mandatary bound by agreement as if signed it him/herself: contract between mandator and mandatary, setting out terms of mandate, contact that will be entered into between mandatary and third person. Consent (or acceptance of contract) can be demonstrated expressly or tacitly. Verbal agreement su(cid:201)icient to create valid contract. Express acceptance: where written contract of mandate exists, this shown by demonstrating that party signed contractual document where contract of mandate verbal, this refers to proving party verbally agreed to be bound by contract of mandate. Power of attorney: where contact of mandate in written form. Gratuitous title: where mandatary expects no payment in return for services.
