Question

Legal Principle: The Latin maxim \textit{qui facit per alium, facit per se} means that he who acts through another, acts himself.
Fact Situation: Heema requests her minor sister Harika to purchase a bag for her from the local shop. Harika purchases the bag on credit telling the shop keeper that her sister will pay for it. Afterwards, Heema refuses to pay for the bag.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

• A. Since Heema has not purchased the bag herself she is not liable to pay for it.
• B. Harika being a minor the shop keeper should not have sold the bag to her.
• C. Since she purchased the bag through her sister, Heema is liable to pay for it.
• D. Harika being a minor should not have been entrusted by Heema for the purchase of the bag.

Hint:

Whenever you authorise someone to act on your behalf, you are legally responsible for the outcomes of that action, even if you do not perform it personally.

Answer 1

The Correct Option is C

Step 1: Understanding the legal principle
- The maxim \textit{qui facit per alium, facit per se} means that if a person authorises another to perform an act, it is considered as if the person performed it themselves.
- Liability thus extends to the person who authorised the act.
Step 2: Applying the principle to the fact situation
- Heema explicitly requested Harika to purchase the bag.
- Harika acted as an agent for Heema when she bought the bag on credit.
- The shopkeeper was informed that Heema would pay for it, which established contractual liability on Heema’s part.
Step 3: Conclusion
- Even though Heema did not directly purchase the bag, in law, she is deemed to have done so through her sister.
\[ \boxed{\text{Heema is legally bound to pay for the bag.}} \]