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Terence，毕业于欧洲顶尖的高级翻译学院，专注翻译各类与房地产与土地使用诉讼有关的法律文件。