Mandate and Representation – Duties of the mandatary

Mandate and Representation – Duties of the mandatary

Art. 3001. Mandatary’s duty of performance; standard of care. The mandatary is bound to fulfill with prudence and diligence the mandate he has accepted. He is responsible to the principal for the loss that the principal sustains as a result of the mandatary’s failure to perform.

Art. 3002. Gratuitous mandate; liability of a mandatary. When the mandate is gratuitous, the court may reduce the amount of loss for which the mandatary is liable.

Art. 3003. Obligation to provide information. At the request of the principal, or when the circumstances so require, the manda­tary is bound to provide information and render an account of his performance of the mandate. The mandatary is bound to notify the principal, without delay, of the fulfillment of the mandate.

Art. 3004. Obligation to deliver; right of retention. The mandatary is bound to deliver to the principal everything he received by virtue of the mandate, including things he received unduly. The mandatary may retain in his possession sufficient property of the principal to pay the mandatary’s expenses and remuneration.

Art. 3005. Interest on money used by mandatary. The mandatary owes interest, from the date used, on sums of money of the principal that the mandatary applies to his own use.

Art. 3006. Fulfillment of the mandate by the mandatary. In the absence of contrary agreement, the mandatary is bound to fulfill the mandate himself. Nevertheless, if the interests of the principal so require, when unforeseen circumstances prevent the mandatary from performing his duties and he is unable to communicate with the principal, the mandatary may appoint a substitute.

Art. 3007. Mandatary’s liability for acts of the substitute. When the mandatary is authorized to appoint a substitute, he is answerable to the principal for the acts of the substitute only if he fails to exercise diligence in selecting the substitute or in giving instructions. When not authorized to appoint a substitute, the mandatary is answerable to the principal for the acts of the substitute as if the mandatary had performed the mandate himself. In all cases, the principal has recourse against the substitute.

Art. 3008. Liability for acts beyond authority; ratification. If the mandatary exceeds his authority, he is answerable to the principal for resulting loss that the principal sustains. The principal is not answerable to the mandatary for loss that the mandatary sustain because of acts that exceed his authority unless the principal ratifies those acts.

Art. 3009. Liability of multiple mandataries. Multiple mandataries are not solidarily liable to their common principal, unless the mandate provides otherwise.