§ I. On the One Commanding

One commanding or mandating is called he who, on account of his own advantage or in favor of himself, moves another by command, prayers, or other means to inflicting damage on someone. It is said on account of his own advantage, because in this the one mandating differs from the one counseling; for where there is a mandate, the executor acts in the name and in favor of the one mandating, but where there is counsel, he acts in his own name and in favor of himself or of some other third party. Hence it is not necessary that the one mandating be the superior of the mandatary. - Cf. Carrière, vol. 3, n. 1168. - Ballerini, note (b), p. 573.

I say. The one mandating is held to repairing every damage which is inflicted by force of the mandate, because he himself is the principal cause, morally indeed but efficaciously, moving another to harm; and since otherwise he is supposed formally unjust, it follows that all the conditions of unjust damaging are verified in him.

You Will Resolve. - 1st. The one mandating is not held to restitution if he revoked the mandate before the damage was inflicted and the revocation became known to the mandatary before execution of the mandate; because then he does not flow into the damage.

2nd. But if the one mandating did not revoke the mandate, even if he retracted the depraved will, or indeed revoked it, but not in time, or finally if it is clear that the revocation made in time was not heard or understood by the mandatary on account of deafness or distraction, he will be held to restitution, because the damage follows by force of the prior mandate.