Imputed Contributory Negligence

Abstract

Our system of liability based on fault is part of an economic and social philosophy of individualism. Quite naturally then an individual is generally held only for his own fault and not for the fault of another. Innocent A is not usually liable for injuries caused by guilty B. It is commonplace, however, that he sometimes is. That is where there is a relationship between A and B to which the law attaches the consequences of vicarious liability. Such relationships are those between master and servant, and persons engaged in a partnership or a joint enterprise. Where the servant, for instance, acting within the scope of his employment negligently injured C, the innocent master, A, is liable to C for that injury. This result is usually described by identifying master and servant. Qui facit per alium facit per se. This means that the servant's negligence is imputed to the master.