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 periodicals archive ?
Also, e-commerce operators, who were liable to be registered under clause (ix) of Section 24 of the CGST / SGST Act, 2017 will not be liable to do so until the provision of 'Tax Collection at Source' is enforced.
They can be held personally liable provided that the injured person can prove that their conduct was either negligent or intentional.
In Courtland, the plaintiff sued the franchisee and franchisor, alleging that she was sexually harassed by one of her supervisors, a franchisee employee, and that BWWI should be held vicariously liable for those acts.
6 that an individual who receives inside information can be liable for insider trading if he knew or should have known that the tipper breached a duty to his employer.
Employee liable shipments of the Research in Motion BlackBerry in 2012 will reach 5.
A tortfeasor is never liable for damages that are too remote and not foreseeable.
District Court recently held that two fiduciaries of an estate could be held personally liable under the Federal Priority Statute, 31 U.
Deposit Bond Defendant posts a Defendant is liable for
2 : judged by law to be responsible for something <We are liable for damage that we do.
Because this rule allows plaintiffs to seek out defendants who may be minimally liable but have substantial assets, it is often referred to as the "deep pocket" rule.
The proposed update also says parents are liable for any such vandalism by their children.
The lesson here is that dominant members of alliances might be held liable for the misconduct of other members, even when they had nothing to do with the conduct at issue.