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NeCede's

Maxim 4.6.16

Personal things cannot be done by another.

Source: Finch, Law, b. 1, c. 3, n. 14; Weisman, 61o Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Acts that are inherently personal — such as taking an oath, giving testimony, or exercising a personal trust — cannot be performed by a substitute and must be done by the person himself.

Where this applies

  • A witness is subpoenaed to testify but sends a friend to give testimony on his behalf; the court refuses because giving testimony is a personal act that cannot be performed by a substitute.
  • A public official attempts to delegate the act of taking his oath of office to an assistant; the court rules the oath invalid because swearing an oath is inherently personal and must be done by the officeholder himself.
  • A trustee tries to have his secretary exercise the discretionary powers of the trust; the court holds that personal fiduciary duties cannot be delegated to another.

Legal domains

Cite this maxim

NeCede Max. 4.6.16 — Personal things cannot be done by another. — Finch, Law, b. 1, c. 3, n. 14; Weisman, 61o

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