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Nor anyone acting on its behalf: Difference between revisions
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{{pe}}That fabulous {{t|Latin}} construction [[nemo dat quod non habet]] ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. | {{pe}}That fabulous {{t|Latin}} construction [[nemo dat quod non habet]] ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. | ||
For if, by the lights of the law, a [[principal]] has no right to do a thing, it follows as a matter of ineffable Latin logic that neither may her ox, ass, servant, agent, attorney, nominee, delegate or other mortal representative do that thing on her behalf: one cannot give | For if, by the lights of the law, a [[principal]] has no right to do a thing, it follows as a matter of ineffable Latin logic that neither may her ox, ass, [[servant]], [[agent]], [[attorney]], [[nominee]], [[delegate]] or other mortal representative do that thing [[on behalf of|on her behalf]]: ''[[nemo dat quod non habet]]'': one cannot give someone else a power one does not have oneself. | ||
Now if such a representative independently happens to be entitled to do that thing, it is a different story, | Now if such a representative independently happens to be entitled to do that thing, it is a different story — but even here, this ghastly confection won’t save you: such a representative would not thereby be acting under her own power, not courtesy of yours, and would not be acting [[on behalf of|on your behalf]] at all. Seeing as she wouldn’t ''be'' your representative in the first place, this purported stricture will fall upon stony contractual ground. | ||
So, be bold, young [[Legal eagle|eagle of the law]]: | So, be bold, young [[Legal eagle|eagle of the law]]: wherever you see this construction, strike it from the record. | ||
{{sa}} | {{sa}} | ||
*[[Delegation]] | *[[Delegation]] | ||
*[[Nemo dat quod non habet]] | *[[Nemo dat quod non habet]] | ||