Practicing Success
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| What is the meaning of the phrase 'Qui Facit Per Alium Facit Per Se'? |
the rationale for the decision the thing speaks for itself he who acts through another does the act himself a judicial decision must be accepted as correct |
| he who acts through another does the act himself |
| 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. Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh's negligent driving and injured him seriously. Now Srikant files a suit for damages against Nisha. |
