Imputation Principles of Tort Liability

Abstract

The nature of Tort Law is to impose civil liability on people who have committed wrongful or illegal acts so that injured parties may receive damage compensation as a way of recovery. As such, it is not difficult to see that this policy is based on the principle of attributing liability to the perpetrator (i.e., wrongdoer) for his wrongful act. Otherwise, even if a person’s act has caused damage to another person’s legitimate interest, we simply do not have authority to punish that person. Thus, what standard(s) should be applied in determining whether a person’s act is wrong and therefore the person should assume liability for other’s injury or damage is the most important issue in every country’s Tort Law system—this is the so-called imputation principles of tort liability.