There was a collision between a government-owned bus and a private bus. Both were driving negligently and caused damage. Determine the tortious act.
Explanation & Strategy
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When both drivers were negligent and their combined negligence caused the collision, this is contributory negligence — each party's fault contributed to the damage. Under the modern approach (comparative negligence), liability is apportioned between the parties based on their respective degrees of fault rather than using the older 'last opportunity' rule. Neither party can claim the accident was inevitable (both were negligent) or blame only the other (both contributed).