Liability
Definition of Liability
Note: See a more comprehensive approach to the Liability legal concept in the American Law Encyclopedia
Legal responsibility for an action or inaction that causes injury or loss. Liability extends to a broad range of situations where a plaintiff suffers injury at the hands of a defendant. Liability may be civil or criminal. In a civil context, liability may flow from, among other things, failure to honor provisions of a contract, personal injury, or some other injury covered by tort law. A plaintiff must establish the liability of a defendant in order to obtain relief through a court. Liability is a term that has broad legal application. In addition to the condition of being responsible, liability also refers generally to monies owed (the opposite of an asset) or to an obligation to perform in a particular manner.
See Also
Damages (Law of the United States) Personal Injury (Law of the United States) Tort (Law of the United States).
Resources
Liability Related Resources
- Liability in the United States Legal Encyclopedia
- Civil Judicial Process Keywords in the United States Legal Encyclopedia
- Civil Process Keywords in the International Legal Dictionary
Notes
- “Liability”, The American Law Dictionary, 1991, California
Liability
In the Past
Responsibility; the state of one who is bound in law and justice to do sometbing which may be enforced by action. This liability may arise from contracts (see more about this popular legal topic in the U.S. encyclopedia) either express or implied or as a result of torts committed.
Developments
The liabilities of one man are not in general transferred to his representative's further than to reach the estate in his hands. For example, an executor is not responsible for the liabilities of his testator further than the estate of the testator which has come to his hands. See Hamm. on Pait. 169, 170.
Details
The husband is liable for his wife's contracts (see more about this popular legal topic in the U.S. encyclopedia) made dum sola and for those made during coverture for necessaries and for torts committed either while she was sole or since her marriage with him; but this liability continues only during the coverture; as to her torts or even her contracts (see more about this popular legal topic in the U.S. encyclopedia) made before marriage; for the latter, however, she may be sued as her executor or administiator, when she assumes that character.
Other Aspects
A master is liable for the acts of his servant while in his employ, performed in the usual course of his business, upon the presumption that they have been authorized by him; but he is responiible only in a civil point of view and not criminally, unless the acts have been actually authorized by him. See Bouv. Inst. Index, h. t.; Driver; Quasi Offence; Servant. [1]
Resources
Notes and References
- Partialy, this information about liability is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including liability.
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