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 acts through another acts himself.

Qui facit per alium facit per se.

Source: Co. Litt. 258; 2 Inst. 501; Broom, Max. (1874) 817-818; Wharton, Max. (1878) LXV; Jackson, Latin for Lawyers (1915) 859; Weisman, 12j

The acts of an authorized agent bind the principal — but the agency must trace to a lawful grant of authority. (Duplicate maxim — see also 4.4.1.)