Issue: The court must determine whether the partnership terminated? Rules: Under Louisiana law, the mandate and the authority of the mandatary terminate upon 1. the death of the principal or of the mandatary, 2. Interdiction of the mandatary, and 3. Qualification of the curator after the interdiction of the principal. Under Louisiana Law, the principal may terminate the mandate and the authority of the mandatary at any time. Under Louisiana Law, a mandate in the interest of the principal, mandatary, or third party, may be irrevocable, only if the parties so agree, for as long as the object of the contract may require. Under Louisiana Law, A mandate terminates upon the mandatary notifying the principal of his resignation or renunciation of his authority. Class note: if injury to the principal, mandatary is liable According to G eorge v. Sandel , the Principal can terminate the mandate before the completion of the mandate. Upon terminating the agency, the principal must notify the third party and agent; otherwise, the principal is bound to the mandate to the third party. According to Succession of Zatarain, The mandate of an attorney named in a will to handle the testator’s estate differs from the usual mandate inasmuch as it commences rather than ends with the death of the principal. In addition, it does not confer upon the agent the power to delegate his authority to a subagent. Analysis:
Issue: The court must determine whether the partnership
terminated?Rules: Under Louisiana law, the mandate and the
authority of the mandatary terminate upon 1. the death of the
principal or of the mandatary, 2. Interdiction of the mandatary,
and 3. Qualification of the curator after the interdiction of the
principal.Under Louisiana Law, the principal may terminate the
mandate and the authority of the mandatary at any time.
Under Louisiana Law, a mandate in the interest of the principal,
mandatary, or third party, may be irrevocable, only if the parties
so agree, for as long as the object of the contract may
require.
Under Louisiana Law, A mandate terminates upon the mandatary
notifying the principal of his resignation or renunciation of his
authority.
Class note: if injury to the principal, mandatary is
liableAccording to George v. Sandel, the Principal can terminate
the mandate before the completion of the mandate. Upon terminating
the agency, the principal must notify the third party and agent;
otherwise, the principal is bound to the mandate to the third
party.According to Succession of Zatarain, The mandate of an
attorney named in a will to handle the testators estate differs
from the usual mandate inasmuch as it commences rather than ends
with the death of the principal. In addition, it does not confer
upon the agent the power to delegate his authority to a
subagent.
