Maxim 4.3.2
The act of a servant in those things in which he is ordinarily employed is held to be the act of the master.
Factum a servo in iis in quibus opera ejus communiter adhibita est, factum domini habetur.
Source: Lofft, 227; Weisman, 96a
Difficulty 1/5 — Foundational
Explanation
When a servant does what he is usually directed to do, the master cannot disclaim the act — habitual employment is implied authority.
Where this applies
- A store clerk makes a representation to a customer and the store is bound by it.
- An employee acting within their normal duties binds the employer.
Legal domains
See also
Cite this maxim
NeCede Max. 4.3.2 — The act of a servant in those things in which he is ordinarily employed is held to be the act of the master. — Lofft, 227; Weisman, 96a (Factum a servo in iis in quibus opera ejus communiter adhibita est, factum domini habetur.)
Found an error? Suggest a correction →