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Qui facit per alium facit per se

He who acts through another, acts himself.

Latin for "he who acts through another acts himself".

A fundamental premise of the agency law.

As stated in Colonial Securities Inc. v. Merrill Lynch, the US District Court referred to, in 1978, the:

"... common law maxim qui facit per alium facit per se, he who acts through another acts himself operates to make the acts of an agent within the scope of his authority, in legal effect, the acts of his principal."

In Pennsylvania v International Union of Operating Engineers at 469 F. Supp. 329, the US District Court wrote (1978), in reference to the related term respondent superior:

"Respondeat superior, a doctrine centuries old, is predicated on the assumption that a master, employer, or principal will be held responsible for the acts of a servant, employee, or agent respectively. The rationale for this view is succinctly expressed by the maxim qui facit per alium facit per se."

In Butler v Bunge Corporation (1971), the US Distrtict Court adopted these words:

"Qui facit per alium facit per se, that is, that the authorized acts of an agent are, in legal contemplation, the same as the principal's acts; and that a principal's tort liability is based, not on an agency relation, but on the relationship of master and servant and is expressed by the maxim "respondeat superior".  Both rules and maxims, however, "are founded upon the principle that a duty rests upon every man, in the management of his own affairs, whether by himself or by his agents or servants, so to conduct them as not to injure another, and that if he does not do so, and another is hereby injured, he shall answer for the damage.  This principle does not work any injustice to the principal, for it is based upon the policy of protection of the third person and results from the consideration that it is the principal who makes it possible for the agent to inflict the injury."

The principle can have far-reaching consequences as succintly put by the Alberta Court of Queen's Bench in Dechant v. McKechnie Agency Ltd.:

 

"... qui facit per alium facit per se. Simply put, the principal ... is liable personally for the negligence of its agent."

 


 

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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