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parents' liability


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Parents are not liable for their children's torts, but they may be liable for their own negligence in failing to supervise or train young children, where the absence of supervision or training has led a child to cause damage to others. In the case of older children, a parent can be vicariously liable for the torts of a child employed as a servant or agent on ordinary principles of vicarious liability. There is no fixed age determining a child's liability for its own torts. A child may, however, be too young to form the intention necessary for a particular tort. In cases in which the negligence or contributory negligence of a child is in question, the test applied is whether the child's conduct measured up to the standard of care to be expected from an average child of that age.

Parents are not legally responsible for their children's crimes, although they may have to pay their fines.

Subjects: Law.


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