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NeCede's

Maxim 4.4.16

A mandatary cannot exceed the bounds of his authority.

Mandatarius terminos sibi positos transgredi non potest.

Source: Jenk. Cent. 53; Bouvier, *Law Dictionary* (1856) Difficulty 1/5 — Foundational

Explanation

An agent or officer who acts beyond the limits of his commission acts without authority — his excess is void and binds no one. (Duplicate maxim — see also 1.5.133.)

Where this applies

  • An agent acts beyond the scope of their authority.
  • A government official exceeds the limits of their mandate.

Legal domains

commercialsovereignty

See also

Cite this maxim

NeCede Max. 4.4.16 — A mandatary cannot exceed the bounds of his authority. — Jenk. Cent. 53; Bouvier, *Law Dictionary* (1856) (Mandatarius terminos sibi positos transgredi non potest.)

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