FAULT

fault. 1. An error or defect of judgment or of conduct; any deviation from prudence or duty

resulting from inattention, incapacity, perversity, bad faith, or mismanagement. See

NEGLIGENCE. Cf. LIABILITY. 2.Civil law. The intentional or negligent failure to maintain

some standard of conduct when that failure results in harm to another person.

contractual fault.Civil law. Fault resulting from the intentional or negligent failure to perform

an enforceable obligation in a contract.

delictual fault.Civil law. Fault resulting from intentional or negligent misconduct that violates

a legal duty.

inscrutable fault.Maritime law. Fault ascribed solely to human error but for which no

responsible party or parties can be identified.

“ ‘Inscrutable fault’ exists when a collision clearly resulted from human fault but the court is

unable to locate it or allocate the fault among the parties.” Atkins v. Lorentzen, 328 F.2d 66, 69

(5th Cir. 1964).[Blacks Law 8th]