liability

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liability,

in law, an obligation of one party to another, usually to compensate financially. It is a fundamental aspect of torttort,
in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages.
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 law, although liability may also arise from duties entered into by special agreement, as in a contractcontract,
in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. In a general sense, all civil obligations fall under tort or contract law.
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 or in the carrying out of a fiduciaryfiduciary
, in law, a person who is obliged to discharge faithfully a responsibility of trust toward another. Among the common fiduciary relationships are guardian to ward, parent to child, lawyer to client, corporate director to corporation, trustee to trust, and business
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 duty. Liability is not always the result of an intentionally damaging act or of some proven fault like negligencenegligence,
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances.
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. The affixing of liability may once have been simply a peace-preserving alternative to the practice of an injured party taking vengeance. Further, the law's emphasis has long been that one who is able to pay (who, in modern terms, has "deep pockets") should pay one who has lost something through an action of the payer, even if that action was blameless.

Vicarious liability is the duty of a principal, e.g., an employer, to pay for losses occasioned by the acts of an agent, e.g., an employee. Strict liability, under which those engaging in certain undertakings (e.g., such "ultrahazardous" practices as the industrial use of high explosives) are held responsible for injury without inquiry into fault, has been increasingly imposed by courts and by statute in the 19th and 20th cent. One response has been the growth of the liability insurance industry, offering such coverage as physicians' malpracticemalpractice,
failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services.
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 insurance. An area that has been the focus of much litigation, legislation, and debate in recent decades is product liability, under which heavy strict liability costs have been imposed on makers of such varied items as foods, drugs, cosmetics, and automobiles.

References in periodicals archive ?
First, because nicotine dependence and abuse liability are influenced by nicotine bioavailability, the oral route of e-liquid administration might have strongly influenced rates of both nicotine absorption and exposure, therefore accounting for self-reported nicotine dependence levels among e-cigarette users.
More research is needed to study the abuse liability, anti-withdrawal, and anticraving effects of Quetiapine as it can be a significant drug for acute, continuous, as well as maintenance phase of opioid detoxification, alone or along with Naltrexone.
The abuse liability and potency of hydrocodone was not well understood at that time.
Data from in vitro (in a laboratory) and in vivo (testing with people) abuse liability studies demonstrated the abuse deterrent features of Targiniq ER as they relate to certain types of abuse (snorting, injecting).
Serious patient education on drug abuse liability before prescribing remains uncharted water.
The studies in the review showed no clinical difference between abuse liability of morphine and hydrocodone, with similar subjective positive and negative effects.
EB-1020 is being developed to improve efficacy compared to existing non-stimulants, but to do so with less risk of abuse liability and diversion, or non-medicinal use, than the current stimulants (amphetamine and amphetamine-like medications) that are the standard of care in ADHD.
However, detailed studies on abuse liability in human volunteers are often limited by the constraints that participants are willing to commit for the conduct of a comprehensive assessment.
The number of case reports regarding propylhexedrine abuse has failed to exceed the threshold required by WHO to qualify as a significant abuse liability, with only 43 mentions of Benzedrex appearing in the Drug Abuse Warning Network between 1978 and 1982 (WHO 1991; Wesson 1986).
As expected our research shows that mephedrone likely has significant abuse liability," he said.
2008; Zacny & Gutierrez, 2009) comparing the abuse potential of prescription opioids (oxycodone, hydrocodone, morphine) using various routes of administration, have found that the abuse liability profiles do not differ to the extent that prescription Schedule designations for controlled substances would suggest.
The company specializes in pain management and human abuse liability trials.