Legal Definitions - ex causa mandati

ex causa mandati

This Latin phrase, primarily used in Scots law, translates to "on account of the mandate" or "because of the mandate." It refers to costs, expenses, or obligations that are incurred by someone (the "mandatory") directly as a result of carrying out specific instructions or authorization given by another person (the "mandant"). Essentially, if you are asked to do something on someone else's behalf, and you incur necessary expenses or commitments while performing that task, those are considered to be "ex causa mandati."

Here are some examples illustrating this concept:

• Example 1: Business Travel Arrangement

  A company director (the mandant) instructs their executive assistant (the mandatory) to book a flight and hotel for an upcoming business conference. While making the bookings, the assistant pays for the tickets and accommodation using their personal credit card, expecting to be reimbursed.

  How it illustrates the term: The expenses for the flight and hotel were incurred ex causa mandati because they arose directly from the director's specific instruction (the mandate) to arrange travel for the conference. The assistant is entitled to reimbursement for these costs.

• Example 2: Property Maintenance

  A homeowner (the mandant) living abroad authorizes a property management company (the mandatory) to oversee urgent repairs to their rental property, including fixing a leaking roof. The property management company hires a contractor to perform the repairs and commits to paying them upon completion.

  How it illustrates the term: The obligation to pay the contractor for the roof repair is incurred ex causa mandati. The property management company undertook this commitment directly because of the homeowner's authorization (the mandate) to manage and repair the property.

• Example 3: Legal Representation Costs

  A client (the mandant) instructs their solicitor (the mandatory) to initiate a lawsuit on their behalf. To proceed with the case, the solicitor must pay court filing fees and engage a barrister for specific expertise.

  How it illustrates the term: The court filing fees and the barrister's fees are incurred ex causa mandati. These costs are a direct consequence of the client's instructions (the mandate) to pursue legal action, and the solicitor incurred them in the process of fulfilling that mandate.