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Vicarious Liability - Holding Parents Accountable

  • 20-04-2015 11:04pm
    #1
    Registered Users, Registered Users 2 Posts: 5,245 ✭✭✭


    A problem that exists in some communities is that of children committing crimes, sometimes at the behest of their parents.

    Do you think Irish law addresses this sufficiently?

    Take for example property damage, shoplifting, or even bullying of other children that goes unaddressed by the parents on complaint, which seems to be a big one now as our understanding of the effects of this on victims grows with research.

    Realistically, what can you do in Ireland? And is it enough?


Comments

  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    For criminal matters the child stands on their own merits according to law and the facts of the case. There is no vicarious criminal liability on a parent for their child's criminal acts.

    In civil law there is no automatic vicarious liability visited upon a parent for the tortious acts of their child. Vicarious liability does not exist automatically simply because of the existence of the parent and child relationship.

    Vicarious liability for the acts of a child may be attached to a parent if, upon the facts, the child was acting as the servant or agent of the parent at the time of the deed in question.

    To revert to OP's original question the answer seems to be a very modern "nothing can be done" which is very frustrating indeed.

    Apart from chaining down the little feckers after sunset there is very little that can be done about them and there is virtually little or nothing for the brats to fear as they have very little deterrent.


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