Tatum v. Riley’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A power of attorney is a common law term, whereas our civil code uses the term procuration to designate the same contractual relationship. La. C.C. art. 2986, Revision Comments (a); In re Succession of Hunt, 47,372 (La.App.2d Cir.9/20/12), 135 So.3d 654 . As defined by La. C.C. art. 2987, “[a] procuration is a unilateral juridical act by which a person,. the principal, confers authority on another person, the representative, to represent the principal in legal relations.” A procuration is governed by the rules applicable to mandate to the extent that those rules are compatible with the nature of the procuration. La. C.C. art. 2988. The rules governing mandate allow the principal to confer general authority for the mandate “to do whatever is appropriate under the circumstances.” La. C.C. art. 2994; Hunt, supra. However, some actions require express authorization. The authority to alienate, encumber, acquire, or lease a thing must be express. La. C.C. art. 2996. Express authorization is also required for the agent to make an inter vivos donation on behalf of the principal. La. C.C. art. 2997(1); Hunt, supra. Self-dealing also requires express authorization as provided by La. C.C. art. 2998, which states, “A mandatary who represents the principal as the other contracting party may not contract with himself unless he is authorized by the principal, or, in making such contract, he is merely fulfilling a duty to the principal.””

   1 later decision quote this exact passage
   e.g. 225 So. 3d 1114 - Noel v. Noel