The Mandate
Another word for mandate: command, order, charge, authority, commission Collins English Thesaurus. Log In Dictionary. Dictionary Grammar Blog School Scrabble Thesaurus Translator Quiz More Resources More from Collins. Synonyms of 'mandate' mandate.
MandateA judicial command, order, or precept, written or oral, from a court; a direction that a court has the authority to give and an individual is bound to obey.A mandate might be issued upon the decision of an appeal, which directs that a particular action be taken, or upon a disposition made of a case by an inferior tribunal.The term mandate is also used in reference to an act by which one individual empowers another individual to conduct transactions for an individual in that person's name. In this sense, it is used synonymously with. 1) any mandatory order or requirement under statute, regulation, or by a public agency. 2) order of an appeals court to a lower court (usually the original trial court in the case) to comply with an appeals court's ruling, such as holding a new trial, dismissing the case, or releasing a prisoner whose conviction has been over-turned. 3) same as the writ of mandamus, which orders a public official or public body to comply with the law.
(See:, ) mandate an authority given by one person to another to do certain things or take some course of action and accepted by the other. So, the authority given by a principal to his agent is a mandate. A mandate is commonly revocable until acted upon and is terminated by the death of the mandator. The gratuitous contract of mandate is recognized in Scotland.MANDATE, practice. A judicial command or precept issued by a court ormagistrate, directing the proper officer to enforce a judgment, sentence ordecree. 52; Story on Bailm. Mandatum or commission, contracts.
Sir William Jones defines amandate to be a bailment of goods without reward, to be carried from placeto place, or to have some act performed about them. Jones' Bailm. 52; 2 Ld.Raym. This seems more properly an enumeration of the various sortsof mandates than a definition of the contract. According to Mr.
JusticeStory, it is a bailment of personal property, in regard to which the baileeengages to do some act without reward. ChancellorKent defines it to be when one undertakes, without recompense, to do someact for the other in respect to the thing bailed. See, for otherdefinitions, Story on Bailm. 137; Pothier, Pand.
1;Wood's Civ. 242; Halifax's Anal.
Law, 70,;Code of Louis. 2954; Code Civ.
1984; 1 Bouv. From the very term of the definition, three things are necessary tocreate a mandate. First, that there should exist something which should bethe matter of the contract; secondly, that it should be done gratuitously;and thirdly, that the parties. Should voluntarily intend to enter into thecontract. There is no particular form or manner of entering into the contractof mandate, prescribed either by the common law, or by the civil law, inorder to give it validity. It may be verbal or in writing; it may be expressor implied it may be in solemn form or in any other manner. Story on Bailm.Sec.
The contract may be varied at the pleasure of the parties. It maybe absolute or conditional, general or special, temporary or permanent.Wood's Civ. Law, 242; 1 Domat, B. 1, 6, 7, 8; Poth.
Contr.de Mandat, c. 34, 35, 36.4. As to the degree of diligence which the mandatory is bound toexercise, see Mandatory; Negligence; Pothier, Mandat, h. 2 Story on Bailm. 163 to 195; 1 Bouv. As to the duties and obligations of the mandator, see Story onBailm. 196 to 201; Code Civ.
The contract of mandate may be dissolved in various ways: 1. It maybe dissolved by the mandatary at any time before he has entered upon itsexecution; but in this case, as indeed in all others, where the contract isdissolved before the act is done which the parties intended, the propertybailed is to be restored to the mandator.7.-2. It may be dissolved by the death of the mandatory; for, beingfounded in personal confidence, it is not presumed to pass to hisrepresentatives, unless there is some special stipulation to that effect.But this principally applies to cases where the mandate remains whollyunexecuted; for if it be in part executed, there may in some cases, arise apersonal obligation on the part of the representatives to complete it. Storyon Bailm. 202.; 2 Kent's Com. 4; Pothier, Mandat, c. Whenever the trust is of a nature which requires united, advice,confidence and skill of all, and is deemed a joint personal trust to all,the death of one joint mandatary dissolves the contract as to all.
See Storyon Bailm. Attorney, C 8;Bac. Authority, C; 2 Kent's Com. The death of the mandator, in like manner, puts an end to thecontract. See 2 Mason's R. 342; 8 Wheat. 174; 2 Kent's Com.
507; 1 Domat,B. 6, 7, 8; Pothier, Contract de Mandat, c.
But although an unexecuted mandate ceases with the death of themandator, yet, if it be executed in part at that time, it is binding to thatextent, and his representatives must indemnify the mandatory. Story onBailm. 204, 205.10.-3. The contract of mandate may be dissolved by a change in thestate of the parties; as if either party becomes insane, or, being a woman,marries before the execution of the mandate. Story on Bailm. & W., 69, 73; Salk. Baron and Feme, E; 2 Kent'sCom.
It may be dissolved by a revocation of the authority, either byoperation of law, or by the act of the mandator.12. It ceases by operation of law when the power of the mandator ceasesover the subject-matter; as, if he be a guardian, it ceases, as to hisward's property, by the termination of the guardianship. Pothier, Contractde Mandat, c.
So, if the mandator sells the property, it ceases upon the sale, ifit be made known to the mandatory. 276; Story on Bailm. By the civil law the contract of mandate ceases by the revocation ofthe authority. Story on Bailm.
208; Code Civ. 2003 to 2008; Louis,Code, art.
At common law, the party giving an authority is generally entitledto revoke it. 215; Wallace's R. But, if it begiven as a part of a security, as if a letter of attorney be given tocollect a debt, as a security for money advanced, it is irrevocable by theparty, although revoked by death. 342; 8 Wheat. R.365; 7 Ves.
121; 4 Campb. 272.MANDATE, civil law. Mandates were the instructions which the emperoraddressed to public functionaries, which were to serve as rules for theirconduct.
These mandates resembled those of the pro-consuls, the mandatajurisdictio, and were ordinarily binding on the legates or lieutenants ofthe emperor of the imperial provinces, and, there they had the authority ofthe principal edicts. 4.Want to thank TFD for its existence?, add a link to this page, or visit.Link to this page.
Instead, May, more sheep than shepherd, has feebly allowed herself to be driven ever further towards an extreme, inflexible, take-it-or-leave-it stance for which she has neither mandate nor credible grounds. ( ) The to do something, as granted to a by the. 2002, Leroy G.
Dorsey, The Presidency and Rhetorical Leadership, Texas A&M University Press , page 30John Tyler and James K. Polk both regarded the election results as a mandate for the annexation of Texas.
A. ( ) A period during which a government is in power.