Maxim 1.5.133
A mandatory cannot exceed the bounds placed upon himself.
Mandatarius terminos sibi positos transgredi non potest.
Source: Jenk. Cent. 53; Jackson
Difficulty 3/5 — Intermediate
Explanation
An agent or officer acts only within the limits of his mandate — any act beyond those bounds is unauthorized and void as to the principal. (Duplicate maxim — see also 4.4.16.)
Where this applies
- A government agent acts beyond their authorized scope.
- An employee exceeds the limits of their delegation and their acts are challenged.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.133 — A mandatory cannot exceed the bounds placed upon himself. — Jenk. Cent. 53; Jackson (Mandatarius terminos sibi positos transgredi non potest.)
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