Question

Legal Principle: A parent is not liable for tort committed by his/her child except when the parent affords the child an opportunity to commit to the tort.

Factual Situation: A mother takes her seven-year-old son with her 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 only. The child starts playing in the car and while doing so 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?

• A. The mother is not liable because she took great care to ensure that the car would remain stationary.
• B. The mother is liable because she was negligent.
• C. The son is liable because his action caused accident.
• D. The pedestrian is liable as he should have been careful while walking on the road.

Answer 1

Answer: (B)

The mother is liable because she was negligent.

1. In order to succeed in an action for negligence, the plaintiff must prove the following five things:
   

1. The defendant(mother)was under a legal duty to exercise due care and skill, as there cannot be any liability for negligence unless there is a breach of some legal duty.

2. That the duty was towards the plaintiff ( pedestrian on the road)

3. That, in the circumstances of the case, the defendant failed to perform that duty that is, the duty to exercise due care and skill( here as she left the child unattended)

4. That the breach of duty was the causa causans, that is, the direct and proximate cause, of the damage complained of. ( Unattended child= accident)

5. That the damage was caused on account of this breach of duty (accident was caused as she failed to perform her duty of looking after her child)

And also the doctrine of contributory negligence does not generally apply to children, it is no defence to say that the child itself was negligent, for negligence is a state of mind, and children are not expected to have sufficient intelligence to judge as accurately or as quickly as an adult, and also here in this case the child was just seven year old lacking the sufficient maturity and understanding.