Qui Facit Per Alium Facit Per Se Law and Legal Definition

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. [Butler v. Bunge Corp., 329 F. Supp. 47 (N.D. Miss. 1971)]