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NeCede's

Maxim 1.5.320

The mandate is extinguished when the will of the mandator has ended.

Extinctum est mandatum, finita voluntate.

Source: Wharton, III-106 Difficulty 3/5 — Intermediate

Explanation

An agency or authority granted by one person to another ceases automatically when the grantor revokes his consent, dies, or otherwise terminates his will — the agent's power does not survive the principal's authority.

Where this applies

  • A real estate agent continues to act on behalf of a seller after the seller dies, but the court holds that the agency terminated automatically at the moment of death because the principal's will ended.
  • A power of attorney is used to sell property after the grantor has revoked it in writing, and the court voids the sale because the mandate ceased when the grantor withdrew consent.
  • A corporate officer continues to sign contracts after the board has voted to remove his authority, and the court holds those contracts are unenforceable because the mandate expired when the board's will changed.

Legal domains

Cite this maxim

NeCede Max. 1.5.320 — The mandate is extinguished when the will of the mandator has ended. — Wharton, III-106 (Extinctum est mandatum, finita voluntate.)

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