FREE BOOKS

Author's List




PREV.   NEXT  
|<   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163  
164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   >>   >|  
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
PREV.   NEXT  
|<   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163  
164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   >>   >|  



Top keywords:

Titius

 
agency
 

exceed

 

estate

 

action

 

hundred

 

direction

 

commences

 
Sabinus
 

authority


commission

 

opinion

 

amount

 

instructions

 

purchase

 
notice
 

person

 

principal

 
commissions
 

discharged


decease

 

leaders

 

unavoidable

 

opposite

 
school
 

reasonable

 

differed

 

liability

 

Cassius

 

debtors


letter

 

thought

 
penalizing
 
successfully
 

strict

 

ignorance

 

executes

 

equity

 

smaller

 

manumitted


steward

 
annulled
 

extinguishes

 

constituted

 

Similar

 

Similarly

 

manumission

 

revocation

 
regarded
 
implied