doctrine of identification

doctrine of identification. Hist. English law. The rule that if a person traveling in a conveyance is injured in an accident that occurs because of someone else’s negligence, and the driver of the conveyance is contributorily negligent, the passenger cannot claim damages against the tortfeasor since the passenger is “identified” with the contributorily negligent driver. • The leading authority for this doctrine was Thorogood v. Bryan, 8 C.B. 115 (1849), but the Court of Appeal repudiated the doctrine as unsound in The Bernina [1887], 13 App. Cas. 1 (1888).

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