Question

The maxim which reflects the meaning ‘ he who acts through another is deemed to act in person’

• A. delegatus non potest delegare
• B. qui facit per allium facit per se
• C. action personalis moritur cum persona
• D. respondeat superior

Hint:

The maxim "qui facit per alium facit per se" is the cornerstone of vicarious liability and agency.
It justifies why a principal is held liable for the contracts entered into by their agent.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks to identify the Latin legal maxim that corresponds to the English meaning "he who acts through another is deemed to act in person".

Step 2: Detailed Explanation:

• Qui facit per alium facit per se: This is a fundamental legal maxim in the law of agency and torts.
It translates literally to "he who acts through another acts himself".
Under this principle, when an agent performs an act within the scope of their authority on behalf of the principal, the act is legally considered the act of the principal.

• Delegatus non potest delegare: This maxim means "a delegate cannot further delegate".
It implies that a person to whom office or duty is delegated cannot lawfully delegate that duty to another, unless expressly authorized.

• Action personalis moritur cum persona: This translates to "a personal right of action dies with the person".
It refers to the common law rule that personal tort actions are extinguished upon the death of either the injured party or the tortfeasor.

• Respondeat superior: This means "let the master answer".
It is a doctrine that makes an employer or principal liable for the wrongful acts of an employee or agent committed within the course of employment.

Step 3: Final Answer:
The maxim that directly reflects the stated meaning is "qui facit per allium facit per se" (Option B).