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NeCede's

Maxim 8.5.39

In civil matters agency ( or service) excuses, but not so in criminal matters.

Source: Lofft. 228; Tray. Leg. Max. 243; Weisman, 75t Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) In civil matters, acting as an agent or servant excuses personal liability, but in criminal cases the agent remains personally responsible for his own criminal acts regardless of who directed them.

Where this applies

  • A delivery driver who accidentally damages a customer's property while making a delivery is not personally liable in a civil suit because he was acting as an agent, but if he intentionally stole something during the delivery, he is criminally responsible.
  • A secretary who unknowingly mails a fraudulent document on her boss's orders is shielded from civil liability as an agent, but if she knowingly helped forge the document, she faces criminal charges.
  • A company employee who causes a car accident during a work errand is covered by his employer's liability for civil purposes, but if he was driving drunk, he is personally responsible for the criminal offense.

Legal domains

Cite this maxim

NeCede Max. 8.5.39 — In civil matters agency ( or service) excuses, but not so in criminal matters. — Lofft. 228; Tray. Leg. Max. 243; Weisman, 75t

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