Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A present is not liable for a tort committed by his/her child except when the parent, affords the child an to opportunity to commit the tort.
FACTUAL SITUATION: A mother takes her 7-year-old son to market. On reaching the market she shuts the car ignition, pulls the handbrake and puts the car in gear. She leaves her son in the car itself. The child starts playing with the car, he releases the brakes and pushes the gear lever to neutral. As a result, the car starts moving down the road and runs down a pedestrian.
Question: What is the liability of the mother?
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A present is not liable for a tort committed by his/her child except when the parent, affords the child an to opportunity to commit the tort.
FACTUAL SITUATION: A mother takes her 7-year-old son to market. On reaching the market she shuts the car ignition, pulls the handbrake and puts the car in gear. She leaves her son in the car itself. The child starts playing with the car, he releases the brakes and pushes the gear lever to neutral. As a result, the car starts moving down the road and runs down a pedestrian.
Question: What is the liability of the mother?
The correct option is D The mother is liable because she was negligent
In common law regimes, vicarious liability is not imposed on the parents for the wrongful acts of the child. But an exception to this situation is when the parent acts negligently on his own. For example, leaving the child with a dangerous thing reasonably knowing that the child is likely to use it. A similar finding applies to leaving cars in the hands of a minor who does not know how to use it carefully.
In common law regimes, vicarious liability is not imposed on the parents for the wrongful acts of the child. But an exception to this situation is when the parent acts negligently on his own. For example, leaving the child with a dangerous thing reasonably knowing that the child is likely to use it. A similar finding applies to leaving cars in the hands of a minor who does not know how to use it carefully.
