[]
baddestbunny
19:06
Warning
Info
LSDefine
Simple English definitions for legal terms
major–minor fault rule
Read a random definition: fieri
A quick definition of major–minor fault rule:
The major-minor fault rule is a principle in maritime law that says if one vessel is clearly at fault for a collision, then the other vessel is presumed to not be at fault. This means that the vessel that was not at fault will not be held responsible for the accident. However, this rule is no longer used because of changes in the divided-damages rule.
A more thorough explanation:
The major-minor fault rule is a principle in maritime law that determines fault in a collision between two vessels. If the fault of one vessel is uncontradicted and sufficient to account for the accident, then the other vessel is presumed not to have been at fault and therefore not to have contributed to the accident.
For example, if a small fishing boat collides with a large cargo ship, the fault may lie with the fishing boat for not giving way to the larger vessel. In this case, the cargo ship would be presumed not to have contributed to the accident and would not be held at fault.
However, this rule has become obsolete with the elimination of the divided-damages rule, which now allows for both vessels to be held at fault and share the cost of damages.