s he shows as much diligence as he does in his own
private affairs: the reason for this being that if a man chooses as his
partner a careless person, he has no one to blame but himself.

TITLE XXVI. OF AGENCY

Of the contract of agency there are five modes. A man gives you a
commission either for his own exclusive benefit, or for his own and
yours together, or for that of some third person, or for his own and the
third person's, or for the third person's and yours. A commission given
simply for the sake of the agent gives rise in reality to no relation
of agency, and accordingly no obligation comes into existence, and
therefore no action.

1 A commission is given solely for the benefit of the principal when,
for instance, the latter instructs you to manage his business, to buy
him a piece of land, or to enter into a stipulation as surety for him.

2 It is given for your benefit and for that of your principal together
when he, for instance, commissions you to lend money at interest to a
person who borrows it for your principal's benefit; or where, on your
wishing to sue him as surety for some one else, he commissions you to
sue his principal, himself undertaking all risk: or where, at his risk,
you stipulate for payment from a person whom he substitutes for himself
as your debtor.

3 It is given for the benefit of a third person when, for instance, some
one commissions you to look after Titius's affairs as general agent, or
to buy Titius a piece of land, or to go surety for him.

4 It is for the benefit of the principal and a third person when, for
instance, some one instructs you to look after affairs common to himself
and Titius, or to buy an estate for himself and Titius, or to go surety
for them jointly.

5 It is for the benefit of yourself and a third person when, for
instance, some one instructs you to lend money at interest to Titius; if
it were to lend money free of interest, it would be for the benefit of
the third person only.

6 It is for your benefit alone if, for instance, some one commissions
you to invest your money in the purchase of land rather than to lend it
at interest, or vice versa. But such a commission is not really so
much a commission in the eye of the law as a mere piece of advice, and
consequently will not give rise to an obligation, for the law holds no
one responsible as on agency for mere advice given, even if it turns
out ill for the person advised, for every one can find ou