The meaning is ‘he who acts through another, acts himself”.
The meaning is ‘he who acts through another, acts himself”. It is the fundamental legal maxim of “Law of Agency”. It is the authorized act of an agent and is equated to the principal's actions. It often describes the liability of an employer for the act of employee in terms of vicarious liability.
"A", the master ordered "D", the servant to complete the unfinished work, but "D" failed to do so. "A" is ultimately held liable as though he failed to do so.
1. Deo Narain RaiAnr. Vs. Kulkar Bind and Ors., (1902) ILR 24 All 319.
2. Ballavdas Agarwala Vs. Shri.J.C. Chakravarty 1960 AIR 576.
Hear the other side
The maxim denotes the meaning “hear the other side”, which means no person should be unheard and both parties will be provided the opportunity of being heard. Justice will be given to both parties. Audi alteram partem is derived from the Latin phrase “audiatur et altera pars”. It also denotes the same meaning. The maxim aims to ensure fair play and justice to the person who is affected. The maxim also promotes the concept of “Natural Justice”.
place of crime
The “place of crime” is the location where injury, harm, crime, or tort is committed. In civil matters, it is the place where an alleged act of crime was done.
Spoken before Lawsuit is brought
• Not merely before the commencement of legal proceedings, but before even the existence of any actual controversy, concerning the subject matter of the declarations. • Brought before suit, before controversy moved. • At the time when declarant had no motive to distort the truth. Brought before suit, before controversy instituted. Also, before the controversy arose.