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委任契約Mandate Contract

Learn in the textbookContract Types and Consumer Transaction Laws

DefinitionA mandate contract (委任契約) is a contract in which one party entrusts a legal act (法律行為), such as concluding a contract, to another party, who agrees to handle it.

ExplanationA legal act is an act that creates or changes rights or duties, such as concluding or cancelling a contract. The entrusted party (the mandatary) owes a duty of care as a prudent manager, meaning the level of care normally expected of someone in that profession or position, but does not promise to achieve a finished result.

AnalogyIt is like hiring a lawyer for a lawsuit. The lawyer argues the case as well as possible but does not promise to win.

Memory hookPicture signing a power of attorney so that an agent can conclude a contract for you, and mandate and legal acts click together.

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