From Mere Intrusion to General Confusion: Agency and Mandate in Louisiana

Comment by Jana L. Grauberger

Scholars have long debated the value and dangers of importing common-law concepts into the civil law of Louisiana. One area of the law that typifies this importation of common law is that of agency. This Comment examines the gradual adoption by the Louisiana courts of common-law agency concepts into the civil law of mandate and explores the consequences of such adoption. The Comment concludes with a review of recent legislation in which the Louisiana Legislature revised the Civil Code's mandate articles, with the suggestion that the revision may encourage Louisiana lawyers to turn to the Code for answers to agency questions, rather than to the common law.


About the Author

Jana L. Grauberger. B.A., B.S. 1989, University of Kansas; J.D. 1997, Tulane Law School.

Citation

72 Tul. L. Rev. 257 (1997)