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NeCede's

Maxim 4.4.1

He who acts through another acts himself.

Qui facit per alium facit per se.

Source: Co. Litt. 258; Broom, *Legal Maxims* (1874), pp. 817-818; Wharton, *Legal Maxims* (1878), Max. LXV; Jackson, *Latin for Lawyers* (1915), Max. 859 Difficulty 1/5 — Foundational

Explanation

A principal is bound by the acts of his agent done within the scope of authority — he cannot delegate the act and disclaim the consequence.

Where this applies

  • A company is held liable for the actions of its agent.
  • Someone hires a contractor who causes harm, and the question is who is responsible.

Topics

AgencyDelegation of Authority

Legal domains

commercialtort

See also

Cite this maxim

NeCede Max. 4.4.1 — He who acts through another acts himself. — Co. Litt. 258; Broom, *Legal Maxims* (1874), pp. 817-818; Wharton, *Legal Maxims* (1878), Max. LXV; Jackson, *Latin for Lawyers* (1915), Max. 859 (Qui facit per alium facit per se.)

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