It is an Established Maxim in Law, that whoever does an act by the hands of another shall be deemed to have done it himself. And hence, in many matters, masters are responsible for the acts of their servants. But if a servant does an unlawful act, not arising out of the discharge of his duties to his master, then the employer is not responsible.
1469. Purchase of Goods by Servants for Employer
A servant cannot by buying goods for his employer's use pledge his master's credit, unless his master authorized him to do so, or unless the master has previously paid for goods bought by the servant in like manner on a former occasion. If a master contracts with a servant to provide certain things and pays him for so doing, a tradesman supplying the things can only sue the servant and not the master for his money.
1470. Privileged Communications
An action will not lie against an employer for giving an unfavourable character of a servant, even though it be in writing. Communications of this nature, in answer to inquiries, are considered privileged. But if it can be proved that an employer has given a
false
character from motives of
malice