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Family Car Doctrine

 
Law Encyclopedia: Family Car Doctrine
This entry contains information applicable to United States law only.

A rule of law applied in particular cases of negligence that extends liability to the owner of an automobile for damage done by a family member while using the car.

The family car doctrine, also known as the family purpose doctrine, is based on the premise that a car is provided by the head of the household for the family's use and, therefore, the operator of the car acts as an agent of the owner. If a husband is the owner of a car and his wife uses it for one of the purposes for which it was purchased, such as grocery shopping, then the wife is acting as the husband's agent in carrying out such purpose.

Under the family car doctrine, the individual upon whom liability is sought to be imposed must either own, provide, or maintain an automobile. The car must exist for the general use, pleasure, and convenience of the family.

Liability under this doctrine is contingent upon control and use and is not restricted to the owner or driver of the automobile. In order to successfully initiate an action within the meaning of the doctrine, there must be a showing that the automobile existed for family use and pleasure. If an automobile was purchased and is used for business purposes, it might come within the doctrine, provided it is also used for family purposes and was used for such purposes at the time of the accident.

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Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more