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Simple English definitions for legal terms
divided-damages rule
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A quick definition of divided-damages rule:
The divided-damages rule is an old law that said if two people caused harm to someone else, they would each only have to pay half of the damages. But now, the law is different. If two people cause harm, they each have to pay for the part of the harm that they caused. This is called proportionate allocation of fault. The divided-damages rule is not used anymore because it was not fair or logical.
A more thorough explanation:
The divided-damages rule is an old principle in maritime law that stated when two parties are jointly responsible for a tort, each party is only liable for half of the damages. However, this rule is now obsolete, and the courts use a comparative-negligence standard instead.
For example, in collision cases, if two vessels collide, and both are at fault, the divided-damages rule would have meant that each vessel would only be responsible for half of the damages. However, under the comparative-negligence standard, each vessel is liable for the proportionate amount of damages based on their level of fault.
For instance, if one vessel was 70% responsible for the collision, and the other vessel was 30% responsible, the first vessel would be liable for 70% of the damages, and the second vessel would be liable for 30% of the damages.
The divided-damages rule was deemed inequitable and illogical, and the courts now use a fairer system that allocates fault proportionately among joint-tortfeasors.