Comparative Fault

This lesson considers the differences between the various comparative fault schemes found in different jurisdictions. It begins by considering in what respects the plaintiff's conduct is being compared with the defendant's conduct. Next, it introduces students to the three main types of comparative fault schemes before going on to illustrate when and how they lead to different results, with particular reference to aggregation of defendants' fault.

Learning Outcomes

On completion of the lesson, students will be able to:

1. Explain three main types of comparative fault systems.
2. Analyze when and how the different systems lead to different results, especially to aggregation of multiple defendants' fault.
3. Discuss in what respects the plaintiff's conduct is being compared with the defendant's conduct.