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Bouvier's Law Dictionary, Revised 6th Edition (1856)

INSTRUCTIONS, com. law, Contracts. Orders given by a principal to his agent
in relation to the business of his agency.
2. The agent is bound to obey the instructions he has received and when
he neglects so to do, he is responsible for the consequences, unless he is
justified by matter of necessity. 4 Binn. R. 361; 1 Liverm. Agency, 368.
3. Instructions differ materially from authority, as regards third
persons. When a written authority is known to exist, or, by the nature of
the transaction, it is presupposed, it is the duty of persons dealing with
an agent to ascertain the nature and extent of his authority; but they are
not required to make inquiry of the agent as to any private instructions
from his principal, for the obvious reason that they may be presumed to be
secret and of a confidential nature, and therefore not to be communicated to
third persons. 5 Bing. R. 442.
4. Instructions are given as applicable to the usual course of things,
and are subject to two qualifications which are naturally, and perhaps
necessarily implied in every mercantile agency. 1. As instructions are
applicable only to the ordinary course of affairs, the agent will be
justified, in cases of extreme necessity and unforeseen emergency, in
deviating from them; as, for example, when goods on hand are perishable and
perishing, or when they are accidentally injured and must be sold to prevent
further loss; or if they are in imminent danger of being lost by the capture
of the port where they are, they may be transferred to another port. Story
on Ag. Sec. 85, 118, 193; 3 Chit. Com. Law, 218; 4 Binn. 361; 1 Liverm. on
Ag. 368. 2. Instructions must be lawful; if they are given to perform an
unlawful act, the agent is not bound by them. 4 Campb. 183; Story on Ag.
Sec. 195. But the lawfulness of such instruction does not relate to the laws
of foreign countries. Story, Confl. of Laws, Sec. 245; 1 Liverm. on Ag. 15-
19. As to the construction of letters of instruction, see 3 Wash. C. C. R.
151; 4 Wash. C. C. R. 551; 1 Liv. on Ag. 403; Story on Ag. Sec. 74; 2 Wash.
C. C. R. 132; 2 Crompt. & J. 244; 1 Knapp,, R. 381.


INSTRUCTIONS, practice. The statements of a cause of action, given by a
client to his attorney, and which, where such is the practice, are sent to
his pleader to put into legal form of a declaration. Warr. Stud. 284.
2. Instructions to counsel are their indemnity for any aspersions they
may make on the opposite party; but attorneys who have a just regard to
their own reputation will be cautious, even under instructions, not to make
any unnecessary attack upon a party or witness. For such unjustifiable
conduct the counsel will be held responsible. Eunom. Dial. 2, Sec. 43, p.
132. For a form of instructions, see 3 Chit. Pr. 117, and 120 n.