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COMM315-Mandates Final.docx

14 Pages

Course Code
COMM 315

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corporate lawmandatesMIDTERM 2MANDATE CIVIL CODE OF QUEBEC corporation is part of mandate Mandate a situation where you hire services of someone to represent you where you engage service of someone to represent youEx you sell my dog for 100 or moreIll give you 15 since Im going out of town if agent sells for less than 100 agent is liable to owner for difference of 100 less what he got for the dog exceed your mandate not employee situationemployee hired to work under supervisioncontrol whereas agent not under bosss direction and control independent contractor not mandate either Examples of agent accountant lawyer dentistyou dont tell them what to do they perform tasks for you with their expertiseagent is extension of you when he signs his name agent bound to contractEx power of attorneymandatethey act on your behalf when you leave countryhire an agent to represent me for unfinished business ex sell car etc Give mandate to sell my car need a written contract saying that you have the right Licence bureau needs written power of attorney to sign over car to purchaser if you want to buy car from agentyoull see car doesnt belong to agent so will need to show contract written power of attorneymandate agent document to show where got property from so wont be accused of stealing written authorityEx power of attorney form employees can be agents if they have power to sign and bind boss written authority protects agents agent selling our property need to prove buyer knew he was an agent get buyer to sign a written contract saying you are owners agent if not agent would be deemed the seller and held personally responsible agent will want written contract with owner to ensure that agent will stipulated amount of money the 15Disclosing your mandate agent must tell buyer heshe is an agent prove he knew by making him sign a contractual agreementDefects in property buyer must go after the real owner of the property not the agent if disclosed mandate and did not exceed mandate responsible for latent defects nonapparent unless contract states you are selling without warranty for latent defects if visible apparent defectsyou are not responsible because any ordinarily normal person should see them buyer must prove that it was latent defectif you knew about latent defect something an ordinary person wouldnt see buyer must prove that you know about it ex documentation sell as is with no warranties for latent defectsconditionspurposeSet a time limit on mandatewill be enforceableIncorporated businesslegal persondoesnt have life that a normal person has cant think walk or talk communicates through agents directorsofficers have mandate to run the company employee can be an agent as well Ex buyerAgents in mandates have a fiduciary dutydo what is in best interest of principle2130General Mandate definition mandatorprincipal mandataryagent juridical actcontract third personunrelated person sellerbuyer mandate doesnt have to be writing but better if it is ex power of attorneyget in writing or else cant or hard to prove agreement always get in writing to protect agentget mandator to signrd may also get an impartial 3 party to sign as a witness depends on their credibility 2132Acceptance of mandate cannot unilaterally impose mandate on someone agent MUST accept cannot just give everything and say sell it expresscan be in writing signal or verbal Verbalhard to prove discuss all details and decide to sign acceptmust make sense to mandatary Tacitthrough actions have accepted the mandate no signing didnt say yes if enforced both parties signed nothing signednothing through actions indicate will accept principle asksshe grabs itwalks away dont rely on tacit or verbalget in writing with date and signatures verbal or tacit only good for things with no registration2133Gratuitous titledo it for free onerous titlepaid for services mandate can be free or forif in writing will stateno writingpresume free natural personactually human person physical person human being imnatural personcorporationprofessionalhires someone who is a professional 2134remunerationmoney if judge has to decide how much will get means contract not drawn up properly2136incidentalall actions to sell car indicated in mandate hire agentagent must act in principles best interest prudence diligence 2138fiduciary duty same as for employeeact in best interest of principle with prudence and diligence2139agent must keep principle up to date on what heshe is doing must keep principal up to date if principle asks obligated tell principle without delay that finished mandate so principle can getagent must decide to keepif cant contact principleput in 30 day GIC or something dont put in personal bank account mattress and dont spend interest earned on GIC belongs to principle2142agent allowed to have assistant help him if assistant messes up agent liable because he hired the assistant
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