Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:

Radha, the owner of a car, asked her friend Ashima to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Yoshana on account of Ashima's negligent driving and injured him seriously. Now Yoshana files a suit for damages against Radha and succeeds in the case. Yoshana will win the case on account of which of the following legal maxim/principle?

Options:

Damnum Sine Injuria

Bona Vacantia

Doli Incapax

Qui Facit Per Alium Facit Per Se

Correct Answer:

Qui Facit Per Alium Facit Per Se

Explanation:

Qui Facit Per Alium Facit Per Se: means "He who acts through another does the act himself", or "he who does an act through another is deemed in law to be have done it himself"is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability."In general, a person is responsible for his own acts, but there are certain circumstances in which a person is liable for the wrong committed by others, that is, there are exceptional cases in which the law imposes on him vicarious liability for the acts of another, however, blameless he is. In other words, when the law holds one person responsible for the misconduct of another although he is himself free from personal blameworthiness or fault, then this unique legal position is referred to as ‘Vicarious Liability’, i.e., liability incurred for another.
Radha, the owner of a car, asked her friend Ashima to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Yoshana on account of Ashima's negligent driving and injured him seriously. Now Yoshana files a suit for damages against Radha. Yoshana will be successful in the case on account of legal maxim Qui Facit Per Alium Facit Per Se i.e. Radha will be accountable for the actions of her friend Ashima who was driving the car of the former.