Louisiana Private Investigator Licensing Practice Exam

Which term best describes the concept where each party in an incident pays for their calculated share of fault?

1. Contributory negligence

2. Absolute liability

3. Comparative fault

4. Joint responsibility

The correct answer is: Comparative fault

The concept described in the question is best represented by the term "Comparative fault." This legal doctrine allows for the allocation of damages based on the degree of fault of each party involved in an incident. In cases where multiple parties contribute to an accident or harm, comparative fault provides a method to determine how much each party should pay relative to their involvement in causing the incident. This principle can lead to more equitable outcomes, as it considers the specific share of fault rather than assigning blame in an all-or-nothing manner. For example, if one party is found to be 70% at fault and another 30%, the damages awarded will be divided according to these percentages, ensuring that each party only pays for their respective share of responsibility. In contrast, contributory negligence relates to a situation where if a plaintiff is found to be even slightly at fault, they may be barred from recovering any damages. Absolute liability involves holding a party responsible regardless of fault, typically in strict liability cases, while joint responsibility implies that multiple parties are collectively liable for the damages without the fine-tuned allocation based on fault.