one of the most significant words in the field of law, liability means legal responsibility
for one's acts or omissions. Failure of a person or entity to meet that responsibility
leaves him/her/it open to a lawsuit for any resulting damages or a court order to
perform (as in a breach of contract or violation of statute). In order to win a
lawsuit the suing party (plaintiff) must prove the legal liability of the defendant
if the plaintiff's allegations are shown to be true. This requires evidence of the
duty to act, the failure to fulfill that duty and the connection (proximate cause)
of that failure to some injury or harm to the plaintiff. Liability also applies
to alleged criminal acts in which the defendant may be responsible for his/her acts
which constitute a crime, thus making him/her subject to conviction and punishment.
Example Jack Jumpstart runs a stop sign in his car and hits Sarah Stepforth as she
is crossing in the cross-walk. Jack has a duty of care to Sarah (and the public)
which he breaches by his negligence, and therefore has liability for Sarah's injuries,
giving her the right to bring a lawsuit against him. However, Jack's father owns
the automobile and he, too, may have liability to Sarah based on a statute which
makes a car owner liable for any damages caused by the vehicle he owns. The father's
responsibility is based on "statutory liability" even though he personally breached
no duty. A signer of a promissory note has liability for money due if it is not
paid and so would a co-signer who guarantees it. A contractor who has agreed to
complete a building has liability to the owner if he fails to complete on time.
See also contract joint liability joint tortfeasors negligence
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