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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词条贡献者

法律翻译Johnny，毕业于新加坡知名法学院，专注翻译各类与劳动、雇佣和福利有关的法律文件。