South Carolina Personal Lines Practice Exam

What are the two types of negligence recognized in most jurisdictions?

1. Intentional and unintentional

2. Comparative and contributory

3. Civil and criminal

4. Gross and ordinary

The correct answer is: Comparative and contributory

The correct choice identifies the two types of negligence recognized in most jurisdictions as comparative and contributory. Comparative negligence refers to a system that allocates fault between the parties involved in an incident. Under this approach, the responsibilities of each party are measured, and damages awarded are reduced in proportion to the degree of fault attributed to the injured party. For instance, if a plaintiff is found to be 20% at fault for an accident, they would only recover 80% of the total damages awarded. Contributory negligence, on the other hand, is a defense that can bar a plaintiff from recovering any damages if they are found at all responsible for their own injuries. If the plaintiff is even slightly negligent, they may be completely barred from recovery in jurisdictions that strictly adhere to this doctrine. These two types of negligence reflect different legal standards and approaches to assessing liability in personal injury cases, and their recognition varies by jurisdiction. The other options do not accurately capture the types of negligence recognized legally. Intentional and unintentional refer to the broader concept of actions that cause harm, rather than negligence specifically. Civil and criminal classifications refer to different branches of law, while gross and ordinary refer to different levels of negligence but do not encompass the primary categories recognized