Legal Definition of Mandate: Everything You Need to Know
A judicial command or precept issued by a court or magistrates, directing the proper officer to enforce a judgment, sentence or decree.3 min read
1. Mandate
2. Dissolving a Mandate
Mandate
A judicial command or precept issued by a court or magistrates, directing the proper officer to enforce a judgment, sentence or decree. Mandatum or commission, contracts. Some define a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates that a definition of the contract.
According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. Others define it to be when one undertakes, without recompense, to do some act for the other in respect to the thing bailed.
From the very term of the definition, three things are necessary to create a mandate. First, that there should exist something which should be the matter of the contract; secondly, that it should be done gratuitously; and thirdly, that the parties. should voluntarily intend to enter into the contract. There is no particular form or manner of entering into the contract of mandate, prescribed either by the common law or by the civil law, in order to give it validity. It may be verbal or in writing; it may be express or implied it may be in a solemn form or in any other manner The contract may be varied at the pleasure of the parties. It may be absolute or conditional, general or special, temporary or permanent.
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