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Question
Legal Principle: The Latin maxim qui facit per alium, facit per se means that he who acts through another, acts himself.
Fact Situation: Heema requests her minor sister Harika to purchase a bag for her from the local shop. Harika purchases the bag on credit telling the shop keeper that her sister will pay for it. Afterward, Heema refuses to pay for the bag.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Since Heema has not purchased the bag herself she is not liable to pay for it.
Harika being a minor the shop keeper should not have sold the bag to her.
Since she purchased the bag through her sister, Heema is liable to pay for it.
Harika being a minor should not have been entrusted by Heema for the purchase of the bag.
Solution
Since she purchased the bag through her sister, Heema is liable to pay for it.
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Defamation means
PRINCIPLE Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.
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1. When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion.
2. Nobody shall enrich himself at other's expense,
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A patient suffering from stomach ailment approached. a teaching hospital. He was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however found some unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.
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Possible Reasons
(i) The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
(ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of the drug was the result of its own effort.
(iii) The hospital could not have achieved its success without that appendix belonging to the patient.
(iv) Everybody must care for and share with others. Your decision with the reason.
Which follow from the application of the undermentioned legal principle:
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