Agency

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

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.

He who commands a thing to be done is held to have done it himself.

Qui mandat ipse fecisse videtur.

Source: Story, *Bailments* § 147; Dig. 50, 17, 169; Weisman, 4j

The one who directs the act bears the same responsibility as the one who performs it — the command is the cause, and the cause answers.

A delegate cannot delegate.

Delegatus non potest delegare.

Source: 9 Co. 77; Broom, *Legal Maxims* (1874), p. 840; 2 Kent, Comm. 633; Jackson, *Latin for Lawyers* (1915), Max. 180; Weisman, 4e

One entrusted with authority by another cannot sub-delegate that authority without express permission — confidence is personal, not transferable.

Every ratification relates back and is equivalent to a prior command.

Omnis ratihabitio retrotrahitur et mandato priori aequiparatur.

Source: Co. Litt. 207; Jackson, *Latin for Lawyers* (1915), Max. 766

When a principal ratifies an unauthorized act of his agent, the ratification is treated as though the principal had originally commanded it — approval after the fact binds as fully as instruction before.

Ratification is equivalent to a command.

Ratihabitio mandato comparatur.

Source: Dig. 50, 17, 60; Jackson, *Latin for Lawyers* (1915), Max. 916

To ratify is to adopt — once the principal assents to what was done in his name, he is as bound as though he had ordered it from the beginning.

He who does a benefit for another on my behalf is considered as doing it for me.

Qui facit per alterum pro me, facit per se.

Source: 2 Inst. 501; Weisman, 12j

The acts of an authorized agent bind the principal — but the agency must trace to a lawful grant of authority.