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The maxim, "Qui facit per alium facit per se" describes which of the following :

  • A.Strict liability
  • B.Absolute liability
  • C.Vicarious liability
  • D.Contractual liability

Answer: C

The maxim describes vicarious liability.

Qui facit per alium facit per se means 'he who acts through another acts himself'. It is the basis on which a principal is liable for the torts of his agent, and a master for those of his servant committed in the course of employment, even though he did not commit them personally. The related maxim is respondeat superior, 'let the master answer'.

Strict liability (Rylands v. Fletcher) and absolute liability (M.C. Mehta v. Union of India) are liability without fault for one's own hazardous activities, not liability for another's act. Contractual liability arises from a breach of contract.

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