§ 28-6 Motor Vehicles - Family Purpose Doctrine

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 28-6 Motor Vehicles - Family Purpose Doctrine

Under the family purpose doctrine, the head of a family who owns, furnishes, and maintains a vehicle for the general use, pleasure and convenience of his family is liable for the negligence of a family member having general authority to operate the vehicle for such a purpose. This doctrine derives from agency law and will impose liability on a parent when a child is acting as his agent. Even if the parent owns the car, it must be determined whether the parent provided the car for the general use and convenience of the family. If the car was not provided for the general use and convenience of the family, there is no relationship of principal and agent at the time of the wreck to impose liability on the parent.

A necessary...