Paralegal Advanced Competency Exam (PACE) Practice Exam

Disable ads (and more) with a membership for a one time $2.99 payment

Study for the Paralegal Advanced Competency Exam (PACE). Utilize flashcards and multiple-choice questions designed to enhance your knowledge of paralegal standards and competencies. Prepare effectively and increase your chances of passing!

Practice this question and more.

What does the concept of comparative negligence primarily address?

The classification of criminal acts
The apportionment of liability in torts
The obligation to disclose conflicts of interest
The validity of contractual agreements

The correct answer is: The apportionment of liability in torts

The concept of comparative negligence primarily addresses the apportionment of liability in torts. This legal doctrine is used to determine the degree of fault attributable to each party involved in an accident or injury. Under comparative negligence, the total amount of damages awarded to a plaintiff is reduced by the percentage of fault they bear for their own injuries. For example, if a plaintiff is found to be 30% at fault in a car accident, they would only recover 70% of the damages awarded. This approach contrasts with other liability frameworks, such as contributory negligence, where a plaintiff may be wholly barred from recovery if they are found to have any degree of fault. By focusing on fault percentages, comparative negligence allows for a more equitable distribution of liability that reflects the actions of all parties involved, leading to fairer outcomes in tort claims.