Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

OBLIGATIONS 449
710 A mandate expressed in general terms confers the power
to perform acts of simple administration only.
The power to perform acts other than those of simple
administration must be expressly stipulated.
711 A mandatary may not make any contract on his own
behalf if he has agreed to make it for his mandator.
The mandator alone may avail himself of the nullity
resulting from the violation of the first paragraph.
712 A mandatary who agrees to represent, in the same act,
parties whose interests conflict must so inform each of the
mandators unless usage dispenses him from the obligation.
713 The person who was not aware of the double mandate
may have the mandatary's act declared null, according to the
circumstances, without prejudice to his recourse in damages.
Section II
Obligations of the mandatary
§ - 1 Obligations of the mandatary towards the mandator
714 The mandatary must, in all loyalty, act with prudence
and diligence in the interest of the mandator.
715 If the mandate is gratuitous, the court may reduce the
amount of damages for which the mandatary is liable.
716 The mandatary is responsible for the person whom he
appoints to replace him in the execution of the mandate, when
he has not been authorized to do so.
When he has been authorized to do so, he is also
responsible if he appoints a person whom he knew or should
have known to be incompetent.