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Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLE: Qui facit per alium facit per se, which means, "he who does an act through another is deemed in law to do it himself". 

FACTUAL SITUATION:  A gave some amount and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in the account of his wife, C. The employee misappropriated the amount. C files suit against the State Bank of India. Choose the correct option.

DECIDE.


A
The State Bank of India would not be vicariously liable to C
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B
The State Bank of India would be vicariously liable to B
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C
B would be liable to A
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D
Neither State Bank of India nor B would be liable
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Solution

The correct option is A The State Bank of India would not be vicariously liable to C
Quit facit per alium facit per se is a latin legal term which denotes, "He who acts through another does the act himself." It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability. It is a fundamental legal maxim of the law of agency. Further, if in the nature of things, the master is obliged to perform the duties by employing servants, he is responsible for their act in the same way that he is responsible for his own acts. Hence, State Bank of India will not be held liable in the above situation as B was not acting under the bank's authority.

Legal Studies

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