Maxim 6.5.19
That which is paid by the order of another is the same as though it were paid by him who ordered it.
Source: Dig. 50, 17, 180; Weisman, 28i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Payment made at the direction of a third party is treated as payment by the person who ordered it — the source of the funds is immaterial when the order is clear.
Where this applies
- A company directs its bank to pay a supplier, and the payment is treated as if the company itself had handed over the money.
- A father instructs his attorney to pay his son's medical bills, and the law treats the payment as coming from the father.
- A manager authorizes a subordinate to pay a vendor on behalf of the company, and the payment counts as if the company made it directly.
Cite this maxim
NeCede Max. 6.5.19 — That which is paid by the order of another is the same as though it were paid by him who ordered it. — Dig. 50, 17, 180; Weisman, 28i
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