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Example
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Qui facit per alium facit per se
| Literal meaning | He who acts through another acts himself |
|---|---|
| Pronunciation | kwee FAH-kit per AL-ee-um FAH-kit per say |
A person who does an act through an agent or servant is treated as having done it personally. It is the basis of the liability of a principal for the acts of an agent.
Example
A shopkeeper tells his employee to sell a fake product, and the employee does so. The shopkeeper is treated as having sold it.
Statutory link
Section 226 of the Indian Contract Act, 1872: contracts made through an agent, and the acts done by the agent, bind the principal as if they were his own.
Exceptions / limits
The principal is not liable for acts outside the agent's authority or for wrongs unconnected with the work given.
Exam tip
Asked with vicarious liability and agency.
Memory trick
Your hand or your agent's hand: same act.
Key takeaway
An act done through an agent is the principal's own act.
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