Louisiana Civil Code

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SECTION 2 - RELATIONS BETWEEN THE PRINCIPAL AND THE MANDATARY

Art. 3001. 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. [Amended by Acts 1979, No. 711, 1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3002. When the mandate is gratuitous, the court may reduce the amount of loss for which the mandatary is liable. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3003. 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. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3004. 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. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3005. The mandatary owes interest, from the date used, on sums of money of the principal that the mandatary applies to his own use. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3006. 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. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3007. 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. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3008. 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 sustains because of acts that exceed his authority unless the principal ratifies those acts. [Acts 1997, No. 261,  §1, eff. Jan. 1, 1998]

Art. 3009. Multiple mandataries are not solidarily liable to their common principal, unless the mandate provides otherwise. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3010. The principal is bound to the mandatary to perform the obligations that he mandatary contracted within the limits of his authority. The principal is also bound to the mandatary for obligations contracted by the mandatary after the termination of the mandate if at the time of contracting the mandatary did not know that the mandate had terminated.

The principal is not bound to the mandatary to perform the obligations that the mandatary contracted which exceed the limits of the mandatary's authority unless the principal ratifies those acts. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3011. The mandatary acts within the limits of his authority even when he fulfills his duties in a manner more advantageous to the principal than was authorized. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3012. The principal is bound to reimburse the mandatary for the expenses and charges he has incurred and to pay him the remuneration to which he is entitled.

The principal is bound to reimburse and pay the mandatary even though without the mandatary's fault the purpose of the mandate was not accomplished. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3013. The principal is bound to compensate the mandatary for loss the mandatary sustains as a result of the mandate, but not for loss caused by the fault of the mandatary. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3014. The principal owes interest from the date of the expenditure on sums expended by the mandatary in performance of the mandate. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3015. Multiple principals for an affair common to them are solidarily bound to their mandatary. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

SECTION 3 - RELATIONS BETWEEN THE PRINCIPAL, THE MANDATARY, AND THIRD PERSONS

SUBSECTION A - RELATIONS BETWEEN THE MANDATARY AND THIRD PERSONS

Art. 3016. A mandatary who contracts in the name of the principal within the limits of his authority does not bind himself personally for the performance of the contract. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3017. A mandatary who contracts in his own name without disclosing his status as a mandatary binds himself personally for the performance of the contract. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3018. A mandatary who enters into a contract and discloses his status as a mandatary, though not his principal, binds himself personally for the performance of the contract. The mandatary ceases to be bound when the principal is disclosed. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3019. A mandatary who exceeds his authority is personally bound to the third person with whom he contracts, unless that person knew at the time the contract was made that the mandatary had exceeded his authority or unless the principal ratifies the contract. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

SUBSECTION B - RELATIONS BETWEEN THE PRINCIPAL AND THIRD PERSONS

Art. 3020. The principal is bound to perform the contract that the mandatary, acting within the limits of his authority, makes with a third person. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3021. One who causes a third person to believe that another person is his mandatary is bound to the third person who in good faith contracts with the putative mandatary. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3022. A third person with whom a mandatary contracts in the name of the principal, or in his own name as mandatary, is bound to the principal for the performance of the contract. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3023. A third person with whom a mandatary contracts without disclosing his status or the identity of the principal is bound to the principal for the performance of the contract unless the obligation is strictly personal or the right non-assignable. The third person may raise all defenses that may be asserted against the mandatary or the principal. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

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