Legal Definitions - propter quod fecerunt per alium

The Latin phrase propter quod fecerunt per alium translates to "on account of what they have done by another."

In legal contexts, this principle refers to situations where one party is held responsible for the actions of another party, particularly when those actions were performed on their behalf or under their direction. It is a foundational concept in areas like vicarious liability, where a principal (like an employer) can be held liable for the wrongful acts of their agent (like an employee) committed within the scope of their employment.

Here are some examples illustrating this concept:

• Example 1: Employer and Employee

  A large plumbing company dispatches one of its licensed plumbers to a client's home to fix a burst pipe. While performing the repair, the plumber negligently damages the client's expensive flooring. Even though the company itself did not physically cause the damage, the company can be held liable for the plumber's negligence because the plumber was acting as its employee and performing duties on its behalf. The company is responsible "on account of what they have done by another" (their employee).

• Example 2: Business and Contractor

  A marketing firm hires an independent graphic designer to create a logo for a new client. The graphic designer, while working on the project, inadvertently uses copyrighted material without permission. The marketing firm, as the entity that contracted the designer for the client's project, might face legal repercussions for copyright infringement, even though the actual act was committed by the independent designer. The firm is held accountable for the actions performed "by another" (the contractor) on its behalf.

• Example 3: Corporation and Officer

  A corporate executive, acting within their official capacity and using company resources, makes a fraudulent statement during a public earnings call that misleads investors. While the executive personally made the statement, the corporation itself can be held legally responsible for the fraud. The corporation is liable "on account of what they have done by another" (its executive), as the executive was acting as an agent of the corporation.