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NeCede's

Maxim 4.4.6

What one cannot do by himself, he cannot do through another.

Quod quis non potest per se, non potest per alium.

Source: 4 Co. 24b; 11 Co. 87a; Jenk. Cent. 237; Weisman, 4c Difficulty 1/5 — Foundational

Explanation

No man may enlarge his own authority by the artifice of employing an agent — the agent's power can never exceed the principal's.

Where this applies

  • A person who cannot legally buy alcohol hires someone else to buy it for them.
  • Someone tries to do through an agent what they are personally prohibited from doing.

Legal domains

contractsovereignty

See also

Cite this maxim

NeCede Max. 4.4.6 — What one cannot do by himself, he cannot do through another. — 4 Co. 24b; 11 Co. 87a; Jenk. Cent. 237; Weisman, 4c (Quod quis non potest per se, non potest per alium.)

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