Question

PRINCIPLE: Qui facit per alium facit per se, i.e. he who does things through others does it himself.

FACT: Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh's negligent driving and injured him seriously. Now Srikant files a suit for damages against Nisha.

Decide.

• A. Nisha is not liable as it was the negligence of Saurabh.
• B. Saurabh is solely liable as Nisha was not driving the car.
• C. Nisha is liable as Saurabh was driving under her authority and for her purpose.
• D. Saurabh will be exempted from liability under the principle of inevitable accident.

Answer 1

Answer: (C)

Nisha is liable as Saurabh was driving under her authority and for her purpose.

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, Nisha will be held liable in the above situation as Saurabh was driving under her authority.