Paralegal Advanced Competency Exam (PACE) Practice Exam

What principle guides the determination of damages in comparative fault?

1. Strict liability

2. A fixed formula for fault assessment

3. The percentage of negligence attributed to each party

4. The absolute damage amount regardless of fault

The correct answer is: The percentage of negligence attributed to each party

The principle that guides the determination of damages in comparative fault is based on the percentage of negligence attributed to each party. In comparative fault systems, a court examines the actions and contributions of all parties involved in an incident to assign fault proportionally. This means that damages awarded to the plaintiff can be reduced according to their level of fault in causing the harm. For instance, if a plaintiff is found to be 30% at fault for their injuries, any damages awarded would be reduced by that percentage. This approach allows for a fairer allocation of liability, reflecting the roles that all parties played in the resulting damages. In contrast, strict liability does not consider the fault of the parties when determining damages; it holds a party liable regardless of fault. A fixed formula for fault assessment does not accurately capture the nuances of individual cases where fault may vary widely. Lastly, considering the absolute damage amount without regard to fault would undermine the principles of fairness and accountability central to comparative fault systems. Thus, the correct choice is centered on the percentage of negligence, providing a balanced framework for damage assessment.