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liability

From The Columbia Encyclopedia
in law, an obligation of one party to another, usually to compensate financially. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by special agreement, as in a contract or in the carrying out of a fiduciary duty. Liability is not always the result of an intentionally damaging act or of some proven fault like negligence . 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…
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Full text Article employer's liability

From Collins Dictionary of Law
a convenient term to group together those aspects of the law, mainly the law of tort or delict or contract, relating to the liability of the employer to his work force. More usually, it is applied narrowly to the liability in tort to take reasonable care for the employee's safety. At one time, for…
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Full text Article Liability

From World of Criminal Justice, Gale
The term, liability, refers to a state of obligation and debt which occurs under various circumstances. The liable person or institution is the one who is responsible for compensating individuals who are injured or whose property is damaged. For example, if a driver loses control of a car and the…
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Full text Article liability

From Merriam-Webster's Dictionary of Law
:the quality or state of being liable :something for which one is liable: as a :a financial obligation : debt [tax ~] [the bonds are liabilities ] —compare asset contingent liability :an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) …
| 720 words
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Wages for employees is a common example of...
What is a liability? According to the FASB, “liabilities are probable future sacrifices of economic benefits arising from present obligations of a particular entity to transfer assets or provide services to other entities in the future as a result of past transactions or events.” Put simply, …
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Full text Article Liability

From Encyclopedia of Autism Spectrum Disorders
Liability Liability is the type of accountability assumed by an individual or legal entity upon engaging in activity, which imposes on the individual or legal entity a specified standard of action and duty of care. The legal responsibility that is liability is enforceable by civil remedy and or…
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Full text Article liability

From The Columbia Encyclopedia
in law, an obligation of one party to another, usually to compensate financially. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by special agreement, as in a contract or in the carrying out of a fiduciary duty. Liability is not always the result…
| 258 words
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In many types of personal-injury cases, the person who is injured by someone else needs to prove the other person's negligence caused the injury. For example, suppose that a defendant smashed his car into the side of the plaintiff's car. Through no fault of his own, the defendant's brakes…
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A plaintiff in a products liability case asserts that the manufacturer of a product should be liable for personal injury or property damage that results from a defect in a product or from false representations made by the manufacturer of the product. A defendant often tries to disprove the…
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Full text Article strict liability

From Collins Dictionary of Law
in tort and delict, liability without proof of fault, i.e. that the mere happening of a proscribed event incurs liability but always subject to certain defence. The defence recognized in common law cases are: (i) act of the Queen's enemies; (ii) Act of God, or in Scotland damnum fatale; (iii) the…
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Full text Article animal liability

From Collins Dictionary of Law
the special area of law dealing with civil liability of people for the behaviour of animals encountered in many legal systems in time and place (see e.g. NOXAL SURRENDER ). In England, prior to the Animals Act 1971, the owner was liable for an animal of a dangerous species - ferae naturae- or for…
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