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Exploring Qui Facit Per Alium Facit Per Se: A Key Legal Principle
Definition & Meaning
The phrase "qui facit per alium facit per se" translates to "he who acts through another, acts himself." This principle is a cornerstone of agency law, establishing that actions taken by an agent within their authority are legally considered actions of the principal. It emphasizes that when an agent performs duties on behalf of a principal, the principal is responsible for those actions as if they had performed them directly.
Table of content
Legal Use & context
This term is commonly used in various legal practices, particularly in agency law. It is relevant in civil cases where the relationship between a principal and an agent is examined. Understanding this principle can help individuals manage their affairs more effectively, especially in situations involving contracts, torts, or employment relationships. Users can utilize legal templates from US Legal Forms to create documents that reflect this principle, ensuring proper representation in legal matters.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A real estate agent sells a property on behalf of a homeowner. If the agent makes a mistake that results in a loss for the buyer, the homeowner (the principal) may be held liable for the agent's actions.
Example 2: A company hires a contractor to perform services. If the contractor negligently damages a third party's property while working, the company may be responsible for the damages due to the actions of the contractor (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Strong emphasis on the fiduciary duty of agents.
New York
Specific regulations on disclosure requirements for agents.
Texas
Liability may vary based on the type of agency relationship.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Agency
The relationship where one party acts on behalf of another.
Agency encompasses the broader relationship, while "qui facit per alium facit per se" focuses on the legal implications of actions taken by the agent.
Fiduciary Duty
A legal obligation to act in the best interest of another party.
Fiduciary duty is a specific responsibility within agency relationships, while the Latin maxim addresses the legal consequences of actions taken by agents.
Common misunderstandings
What to do if this term applies to you
If you are involved in a situation where an agent is acting on your behalf, ensure you clearly define the scope of their authority. Consider using legal templates from US Legal Forms to draft necessary agreements or contracts. If you face liability issues or complex situations, it may be wise to consult a legal professional for tailored advice.
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