liability

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Related to liable: Vicariously liable

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 classic literature ?
When we see any part or organ developed in a remarkable degree or manner in any species, the fair presumption is that it is of high importance to that species; nevertheless the part in this case is eminently liable to variation.
We may I think confidently come to this conclusion, because, as we have seen, these coloured marks are eminently liable to appear in the crossed offspring of two distinct and differently coloured breeds; and in this case there is nothing in the external conditions of life to cause the reappearance of the slaty-blue, with the several marks, beyond the influence of the mere act of crossing on the laws of inheritance.
I mean, that we are liable to be imposed upon, and to confer our choicest favours often on the undeserving, as you must own was your case in your bounty to that worthless fellow Partridge: for two or three such examples must greatly lessen the inward satisfaction which a good man would otherwise find in generosity; nay, may even make him timorous in bestowing, lest he should be guilty of supporting vice, and encouraging the wicked; a crime of a very black dye, and for which it will by no means be a sufficient excuse, that we have not actually intended such an encouragement; unless we have used the utmost caution in chusing the objects of our beneficence.
Each contested it; the IRS counterclaimed that both men were jointly liable under Federal law.
Supreme Court judge ruled that Cariboo and the General Synod were 60 per cent liable and the federal government was 40 per cent liable for sexual abuse that had been suffered by former student Floyd Mowatt at St.
The IRS based its case on a federal law which says representatives of a person or an estate are liable for government claims.
An exculpatory clause providing that the landlord is not liable for property damage from falling water, leaking from pipes or plumbing unless caused by landlord's negligence, nor for any such damage caused by other tenants, is also void as contrary to public policy.
That is, the insured's sue-and-labor actions must have been taken to minimize or prevent a loss for which the underwriters would be liable under the marine policy.
Following Putnam, courts have applied this reasoning to conclude that a guarantor remained secondarily liable to a primary debtor.
The jury's verdict in a federal trial has made it harder to hold accounting firms disproportionately liable for damages when they fail to discover accounting irregularities during an audit.
Hybrid mobile environments only work with more effort: While a hybrid mobile enterprise comprised of a mix of corporate and individual liable devices can create an incredibly complex environment for any business to manage, it is possible for enterprises to mitigate these complexities, but only with adequate mobile device management software and policies.
Notwithstanding this language, the Wickline court held that, as a matter of law, the State and its Medi-Cal reviewer/consultantwere not liable.