Section 14.7 Imputation of Negligence Between Spouses
Library | Family Law Deskbook and 2014 Supp |
A. (§14.7) Imputation of Negligence Between Spouses
Under general principles of agency, one person may be held vicariously liable for the acts or omissions of a servant or agent. Under a given set of facts, a spouse may be found to be the servant or agent of the other spouse for the purpose of holding the other spouse vicariously liable in tort. In such an instance, general agency principles would apply. But one spouse cannot be held liable for the torts of the other spouse simply by virtue of the marital relationship.
Joint use or ownership of an automobile is common between a husband and wife. The question that arises is whether joint use or joint ownership of an automobile is sufficient to impute the negligence of one spouse to the other spouse. In Stover v. Patrick, 459 S.W.2d 393 (Mo. banc 1970), the Supreme Court of Missouri held that a married couple’s trip to visit friends and attend a wedding did not cause the husband/driver’s negligence to be imputed to the wife. Id. at 398. The Court also stated that “[t]rips for some family purpose or for...
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- Section 14.1 Introduction
- Section 14.2 Abrogation of Spousal Immunity
- Section 14.3 Tort Claims and Dissolution Proceedings
- Section 14.4 Abrogation of Parental Immunity
- Section 14.5 Child-Parent Immunity
- Section 14.6 Other Intrafamily Suits
- Section 14.7 Imputation of Negligence Between Spouses
- Section 14.8 Parental Liability for Child’s Acts
- Section 14.9 Direct Liability of Parent
- Section 14.10 Statutory Imputation of Liability
- Section 14.11 Imputation of Liability Based on Agency or Joint Venture
- Section 14.12 Child’s Liability for Parent’s Acts
- Section 14.13 Death of a Family Member
- Section 14.14 Injury to Unemancipated Child
- Section 14.15 Injury or Death of an Unborn Child
- Section 14.16 Injury to Parents
- Section 14.17 Injury to Spouse—Loss of Consortium
- Section 14.18 Wrongful Life, Wrongful Birth, and Wrongful Conception
- Section 14.19 Wrongful Life and Wrongful Birth
- Section 14.20 Wrongful Conception
- Section 14.21 Criminal Conversation and Alienation of Spousal Affection
- Section 14.22 Alienation of a Child’s Affections, Abduction, and Interference With Custody
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