3.1.179 to 3.1.181

(155) Agency is established whether we direct it to take place for our own benefit or for that of another; and hence whether I direct you to transact my business or that of another, the obligation of mandate is contracted, so that both of us will reciprocally be liable, for whatever you must do for me, or I must do for you, in good faith. (156) If, however, I direct you to perform some act for your own benefit, the mandate will be to no purpose, for what you are about to do for your own advantage should depend on your own judgment, and not be done on account of my mandate. Therefore, if you have some idle money at home, and I advise you to lend it at interest, and you lend it to a party from whom you cannot collect it, you will not be entitled to an action of mandate against me. Again, if I advise you to purchase some article, even though it will not be to your advantage to do so, I will still not be liable to you in an action of mandate. These rules have been so well established that the question arose whether a party is liable in an action of mandate who advised you to lend money to Titius. Servius denied that liability is incurred, and thought that an obligation could not arise in this instance, any more than in one where a person is generally advised to lend his money at interest. We, however, adopt the contrary opinion of Sabinus, for the reason, that you would not have lent money to Titius if you had not been advised to do so.