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).
