Introduction
In law, individuals usually take accountability for their own actions. However, certain circumstances allow holding someone responsible for another person’s actions due to a specific relationship. This concept, known as “qui facit per alium facit per se,” translates to “he who acts through another does the act himself.”
What Does Qui Facit Per Alium Facit Per Se Mean?
“Qui facit per alium facit per se” means that when someone acts through another person, the law considers the action as done by the person themselves. This principle applies when there is a certain kind of relationship between the two parties, such as:
- A principal and their agent
- Spouses
- An employer and their employee
This concept underpins the idea of vicarious liability, where the law holds one party accountable for the actions of another. It is an exception to the general rule that individuals are responsible for their actions.
Examples and Applications
Principal and Agent
If an agent commits a wrongful act within the scope of their authority, the law holds the principal liable as if they committed the act themselves.
Employer and Employee
An employer may incur liability for the wrongful actions of their employees if these actions occur within the course of employment.
Spousal Liability
In some jurisdictions, spouses can be held responsible for each other’s actions under certain conditions.
Important Considerations
Scope of Employment
For an employer to be liable for an employee’s actions, the wrongful act must be within the scope of employment. For instance, if a delivery driver causes an accident while delivering goods, the employer may be liable. However, if the driver was running a personal errand, the employer typically would not be held responsible.
Authorization and Ratification
If a principal explicitly approves or later ratifies a wrongful act committed by an agent or servant, they can be held liable. Conversely, if the act was unauthorized and unrelated to the duties, the principal may not be liable.
Landmark Cases
H E Nasser Abdulla Hussain Vs Dy. City
- Facts: The assessee was involved in horse racing and received payments for providing facilities. The maintenance of the horses led to a loss, and the assessee sought compensation.
- Judgment: The court applied “qui facit per alium facit per se,” ruling that the assessee was liable for the actions of those maintaining the horses on his behalf.
Deo Narain a Rai and Anr. Vs Kukur Bind and Ors
- Facts: The appellants sought recovery of property and money based on a mortgage deed signed by a patwari on behalf of the illiterate respondent.
- Judgment: The court applied the maxim, treating the patwari’s signature as that of the respondent, thereby validating the mortgage deed.
Is the Maxim Applicable in Criminal Cases?
No, “qui facit per alium facit per se” generally does not apply to criminal cases. Criminal liability requires proving personal culpability and intent (mens rea). Each person is typically held accountable for their own criminal actions, and the actions of another cannot be attributed solely based on this principle.
Why Hold a Master Liable?
Several reasons justify holding a master (employer) liable for the acts of their servant (employee):
- Historical Context: The concept has roots in times when servants had limited legal standing and were seen as extensions of their masters.
- Financial Capability: Masters are often in a better position to compensate for damages.
- Encouragement of Prudence: It motivates employers to carefully select and supervise their employees.
Conclusion
The principle of “qui facit per alium facit per se” plays a crucial role in establishing vicarious liability. It recognizes that individuals can be held accountable for the actions of others with whom they have specific relationships. This concept highlights the importance of understanding the legal implications of shared responsibility in various contexts, ensuring that those affected by wrongful acts have a means of redress.
FAQ on Qui Facit Per Alium Facit Per Se
1. What does “qui facit per alium facit per se” mean?
Answer: It means “he who acts through another does the act himself.” The law considers the actions of one person as if performed by another when they have a specific relationship, like a principal-agent or employer-employee.
2. When does “qui facit per alium facit per se” apply?
Answer: It applies in relationships like:
- Principal and agent
- Employer and employee
- Spouses (in some cases) The wrongful act must occur within the scope of the relationship or duties.
3. Does “qui facit per alium facit per se” apply to criminal cases?
Answer: No, this maxim is typically not applied in criminal cases. Criminal liability usually requires personal intent and direct involvement in the crime.
Also Read: Vicarious Liability In Tort
Reference: legalserviceindia.com
