"Both ways rule"
- Exceptions to the general rule that contributory negligence cannot be imputed.
- If the negligence of a third person would have been imputed to a person as a defendant, then the negligence would be imputed to the person as a plaintiff.
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This usually comes up in vicarious liability situations. An example would be an employee that drives a company car and gets into an accident. If the employer sues the other driver, the employer's damages will be reduced by the percentage of fault (negligence) attributable to the employee. Why? Because if the employer was the D in the suit, the company (not the employee) would have been liable for the accident under a vicarious liability theory (assuming the employee was doing something he was supposed to be doing, etc).
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