Qui facit per alium, facit per se – He who acts through another acts himself.
Qui facit per alium, facit per se
(He who acts through another acts himself)
Meaning and Explanation
This Latin maxim is a fundamental principle of Agency Law.
It means that when a person (the principal) authorizes another person (the agent) to perform an act on their behalf, the act performed by the agent is considered as if the principal himself performed it.
In other words, the principal is legally bound by the actions of the agent, provided the agent acts within the scope of authority.
Legal Significance
The principle forms the foundation of the agency relationship.
It establishes that acts done by an agent within the scope of authority legally bind the principal.
This applies to contracts, torts, and other acts.
It ensures that the principal cannot avoid liability by claiming that the act was done by someone else.
Scope of Agency
Actual Authority: When the principal expressly or implicitly authorizes the agent to act.
Apparent Authority: When a third party reasonably believes the agent has authority due to the principal’s representations.
Ratification: When the principal later accepts an unauthorized act by the agent.
Key Elements
Principal-agent relationship must exist.
Agent acts within the scope of authority.
The act is done on behalf of the principal.
Application in Contract Law
When an agent enters into a contract with a third party within their authority, the principal is bound by that contract.
The agent does not personally become a party unless specified.
Application in Tort Law
The principal may also be held liable for torts committed by the agent while acting within the scope of employment or authority (vicarious liability).
Case Laws Illustrating the Principle
1. Ramchandra Raghunath Vakharia vs. Asst. Collector of Customs (1963) AIR 129
The Supreme Court held that the acts of an authorized agent are acts of the principal.
Customs authorities seized goods imported by an agent acting for the principal.
The Court held the seizure could be challenged by the principal as the agent's acts were binding.
2. Salomon v. Salomon & Co. Ltd. (1897) AC 22 (UK Case)
Though primarily a company law case, it illustrated that actions taken by agents on behalf of a company are treated as acts of the company itself.
This principle supports the notion that agents' acts bind the principal.
3. Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly (1986) 3 SCC 156
The Supreme Court dealt with agency and employer-employee relationships, reiterating that acts of agents are acts of the principal within scope of authority.
Illustration
Suppose A appoints B to sell his car. If B sells the car to C within the scope of authority, then:
The sale is legally deemed to be done by A.
A is bound by the contract.
C can enforce the contract against A.
B acts as A’s agent, and his acts bind A.
Exceptions
If the agent acts outside the scope of authority, the principal is not bound unless ratification takes place.
If the agent acts fraudulently or for personal gain, the principal may not be liable.
If the principal is undisclosed or partially disclosed, the agent may become personally liable.
Summary
| Aspect | Explanation |
|---|---|
| Maxim | Qui facit per alium, facit per se |
| Meaning | He who acts through another acts himself |
| Legal Field | Agency law, contract law, tort law |
| Principle | Principal is bound by agent’s acts done within authority |
| Scope | Actual authority, apparent authority, ratification |
| Effect | Acts of agent = Acts of principal |
| Exceptions | Acts beyond authority, fraud, undisclosed principal |
Conclusion
The maxim "Qui facit per alium, facit per se" is a cornerstone of agency law that upholds the binding effect of acts done by agents on behalf of principals. It provides certainty and protects third parties dealing with agents, ensuring that principals cannot evade liability for authorized acts done through their agents.
This principle balances agency relationships and supports efficient commercial transactions by legally recognizing acts done through authorized representatives.
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