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comm 315 final notes.doc

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Concordia University
COMM 315

25Feb08MANDATES p512130 Definition of mandateMandatekkPA13MandatorPrincipal mandatoryAgentkcontract 13third partyPower of attorneydocument evidencing your right to act on behalf of another person2131 Ignore living will12132 Acceptance of mandate can be either expresslyor tacitly2133 Two types of mandatesGratuitouswithout compensation between two natural personsOnerousfor money between professional and natural personThis is not public order you can reverse it2134 MoneyOnerousif no price mentioned assume whatever the usual rate is eg if you ask the prof for legal advice he could send you a bill even if he didnt tell you he was charging youGratuitousif between two persons then free2135 Two classifications of mandatesSpecial egmom sell my houseGeneral egjob offer overseas mandate mom to do everything while Im gone2136 Implied activities incidental are included in mandateeg to sell house implied that need notary put money in bank etc but it doesnt mean to sell my car too2137 A mandate doesnt need to spell out everything the Agent needs to do if the tasks are part of the Agents professioneg If you hire a lawyer you dont have to tell the lawyer what to do1 unvoiced or unspoken understood without being openly expressed implied2149215813PA2138214821592160Obligation of the Agentmandatory towards the Principalmandatory2138 Agent has to act in the shoes of the Principal2the basic fiduciary duty owed by Agent towards Principal2139 Obligation of informationA must keep P informed as to whats going on when asked or when needed2140 The rules1A must personally fulfill mandate unless P authorizes substitution but2A can replace himself if unforeseen circumstances present him from fulfilling mandate2141 Situations with substitutes1If A has no authorization to substitute then A is liable for acts by Substitute2If A has authorization to Substitute himself then A only liable foraQuality of SubstitutebInstructions givenOnly way A not liable is if S is good quality and A gave good instructionsIn all cases S is liable can use an assistant2142 Unless prohibited the ABut the A is liable for all acts of the assistant2143 12APPAgent cant fulfill interests of both PrincipalsoA has to tell both Ps there are competing interestsAs duty becomes acting impartially to both Ps2144 This is one mandate with several agentsPAAAAll of the As must agree to work on the same business2 Fiduciary Dutythe duty of trust
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