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Mandatum is gratuitous agency. By the old and strict Roman law, one person could not in theory represent another, but the contract of mandatum was an exception. The execution of a mandatum was the gratuitous performance of an act for another, the rights of both the mandator ('principal') and the mandatary ('agent') being amply protected by the ...
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. [1]
A mutuum was a loan for consumption. [1] It was the oldest contract in re, growing in importance after 326 BC when the lex Poetalia was passed. [5] It could be used by people without the right of commercium – a package of rights to participate in the ius civile and to undertake remedies. [6]
Gratuitous care is the term used in civil accident injury claims to describe the primary compensation for care provided by friends and family of the injured party. [1] As the term implies, this is care that the injured party has not paid for, though the law recognizes that it has value, and can be sued for.
A commodate (Latin: commodatum), also known as loan for use, [1] in civil law and Scots Law is a gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain timeframe, on condition of restoring again the same individual after a certain time.
The law of agency in South Africa regulates the performance of a juristic act on behalf or in the name of one person ("the principal") by another ("the agent"), who is authorised by the principal to act, with the result that a legal tie (vinculum juris) arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party.
Scots contract law governs the rules of contract in Scotland. Contract is created by bilateral agreement and should be distinguished from a unilateral promise, the latter being recognised as a distinct and enforceable species of obligation in Scots Law.
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."