mandator

A mandator is a person who grants a mandate to another, entrusting them to act on the mandator's behalf for defined tasks or ongoing affairs. The person empowered is called the mandatary. The arrangement is typically formalized as a contract of mandate.

Etymology and usage: The term derives from Latin mandare, to entrust. In civil law systems, mandator and mandatary are standard terms; in English-speaking jurisdictions, similar authority is often described as a contract of mandate or agency, with the mandator corresponding to the principal.

Nature of authority: The mandator sets the scope of the mandate and the conditions under which the mandatary may act. The mandatary must perform loyally and with due care, and acts carried out within the granted authority generally bind the mandator toward third parties. Acts beyond the scope may not bind the mandator unless the third party reasonably relies on the mandatary’s apparent authority.

Termination and duties: The mandate ends when its purpose is achieved or by revocation, resignation, or death or incapacity of the parties. Upon termination, the mandatary should settle accounts and refrain from further acts unless authorized to wind up affairs.

Examples: A business owner designates an employee to negotiate a contract on the owner’s behalf; a person may grant a lawyer a mandate to handle financial matters or sign documents. In some jurisdictions, a formal power of attorney serves a similar function.

See also: mandate (law), mandatary, power of attorney, agency.