t for himself
whether what he is advised to do is likely to turn out well or ill.
Consequently, if you have money lying idle in your cashbox, and on so
and so's advice buy something with it, or put it out at interest, you
cannot sue that person by the action on agency although your purchase
or loan turns out a bad speculation; and it has even been questioned, on
this principle, whether a man is suable on agency who commissions you to
lend money to Titius; but the prevalent opinion is that of Sabinus, that
so specific a recommendation is sufficient to support an action, because
(without it) you would never have lent your money to Titius at all.
7 So too instructions to commit an unlawful or immoral act do not create
a legal obligation--as if Titius were to instigate you to steal, or to
do an injury to the property or person of some one else; and even if you
act on his instructions, and have to pay a penalty in consequence, you
cannot recover its amount from Titius.
8 An agent ought not to exceed the terms of his commission. Thus, if
some one commissions you to purchase an estate for him, but not to
exceed the price of a hundred aurei, or to go surety for Titius up
to that amount, you ought not in either transaction to exceed the sum
specified: for otherwise you will not be able to sue him on the agency.
Sabinus and Cassius even thought that in such a case you could not
successfully sue him even for a hundred aurei, though the leaders of
the opposite school differed from them, and the latter opinion is
undoubtedly less harsh. If you buy the estate for less, you will have
a right of action against him, for a direction to buy an estate for a
hundred aurei is regarded as an implied direction to buy, if possible,
for a smaller sum.
9 The authority given to an agent duly constituted can be annulled by
revocation before he commences to act upon it.
10 Similarly, the death of either the principal or the agent before the
latter commences to act extinguishes the agent's authority; but equity
has so far modified this rule that if, after the death of a principal
and without having notice of his decease, an agent executes his
commission, he can sue on the agency: for otherwise the law would be
penalizing a reasonable and unavoidable ignorance. Similar to this is
the rule, that debtors who pay a manumitted steward, say, of Titius,
without notice of his manumission, are discharged from liability, though
by the strict letter of
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