Business Senior Practice Exam 2026 - Free Business Senior Practice Questions and Study Guide

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What is the effect of comparative negligence?

It eliminates all liability of the tortfeasor

It increases the amount of damages awarded

It reduces the tortfeasor's liability based on the plaintiff's negligence

The concept of comparative negligence plays a critical role in tort law by determining how damages are awarded when both the plaintiff and the defendant share some degree of fault in an incident. When the correct choice indicates that comparative negligence reduces the tortfeasor's liability based on the plaintiff's negligence, it reflects the principle that the total damages awarded to the plaintiff will be adjusted according to the percentage of fault attributed to them.

For instance, if a plaintiff is found to be 20% at fault for the accident that caused their injuries, and the total damages amount to $100,000, the award they would receive would be reduced by their percentage of fault—in this case, to $80,000. This method promotes fairness by recognizing that the actions of both parties contributed to the outcome, ensuring that liability is distributed in proportion to each party's degree of negligence.

Understanding comparative negligence is crucial for assessing liability correctly in personal injury cases, as it often leads to more equitable outcomes than systems that do not take into account plaintiff fault.

It has no effect on the tortfeasor's liability

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