Which concept means dividing fault between parties by proportion?

• A. Contributory negligence
• B. Comparative negligence
• C. Negligence
• D. Intentional tort

Answer: (B)

Comparative negligence is the idea that fault is divided among parties by degree, and damages are paid in proportion to each party’s share of fault. This means if you’re harmed and partly responsible for the incident, your recovery is reduced by your own percent of fault, with the other party responsible for the rest. That proportional allocation is exactly what dividing fault by proportion describes.

Contributory negligence, by contrast, can bar you from recovery entirely if you’re found to share any fault, depending on the jurisdiction, so it’s not about proportional division. Negligence is the broad concept of failing to exercise reasonable care, not specifically how fault is allocated between parties. An intentional tort involves purposeful wrongdoing, which is separate from how fault is apportioned in a civil claim.

For example, if one driver is 70% at fault and the other 30%, under comparative negligence the damages align with those percentages, reflecting the idea of fault divided by proportion.