Question

Qui facit per alium facit per se, means

• A. act of an agent is the act of principal
• B. act of an agent is not an act of principal
• C. principal and agent are liable jointly
• D. agent must not act in contravention of the act of principal

Hint:

This is one of the most important maxims in commercial law and tort law. Associate 'Qui facit per alium facit per se' directly with the concept of agency and the vicarious liability of the principal/employer for the acts of their agent/employee.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
'Qui facit per alium facit per se' is a fundamental legal maxim in the law of agency. It establishes the principle of vicarious liability of a principal for the acts of their agent.
Step 2: Detailed Explanation:
Let's break down the Latin phrase:
- Qui: He who
- facit: does or acts
- per alium: through another
- facit per se: does or acts for himself
The full translation is: "He who acts through another, acts for himself."
This means that when a person (the principal) authorizes another person (the agent) to act on their behalf, the acts performed by the agent within the scope of that authority are legally considered to be the acts of the principal. The principal is bound by and liable for such acts. This is the foundation upon which the entire law of agency is built.
Option (A) "act of an agent is the act of principal" is the most direct and accurate meaning of this maxim.