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CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA - 800001

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF


THE COURSE TITLED

Law of Torts

Qui facit per alium facit per se

SUBMITTED TO MS. SUSHMITA SINGH


SUBMITTED BY AMOGH BANSAL
FIRST SEMESTER (2017-2022)
ROLL NO. 1812
INTRODUCTION
Qui facit per alium facit per se is a latin term which means he who acts through another, acts
himself. It is regarded as a fundamental premise of agency law. In Colonial Secur., Inc. v.
Merrill Lynch, Pierce, Fenner & Smith, Inc., 461 F. Supp. 1159 (S.D.N.Y. 1978), it is stated
that 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.

Qui facit per alium facit per se is the authorized act of an agent and is equated to the
principal's acts. A principal's tort liability is based not on an agency but on the relationship of
master and servant expressed in the maxim respondent superior. However, both rules and
maxims are founded upon the principle that a duty rests upon every man in managing his/her
own affairs, either by himself/herself or by his/her agents or servants. But if another person
gets injured as a result of the acts, the principal is liable for the damage.

AIMS AND OBJECTIVES:


The researchers prime aim is to present a detailed study of " Qui facit per alium facit
per se", through articles, affirmations, decisions and suggestions.
The researcher aims to descriptively provide a critical overview of the topics arising.
The main goal of this research is to understand its legal position implications.
And also to know about evolution of related case law(s) with changing spectra of
society.

HYPOTHESIS:

The researcher presumes that the latin maxim Qui facit per alium facit per se

H1: Principle or master is liable for all the acts done by his agent or servant

H2: The authority to do the given act may be expressed or implied.


RESEARCH METHODOLOGY:

The researcher will be relying on Doctrinal method of research to complete the project. These
involve various primary and secondary sources of literature and insights.

TENTATIVE CHAPTERIZATION:

1. Introduction
2. Meaning
3. Principle-Agent
4. Master-Servant
5. Independent Contractor
6. Partners
7. Exceptions
8. Conclusion and Suggestion
9. Bibliography