(State) Liability (Int’l Law) –

Int’l law.

1. A state’s liability or responsibility that arises even in the absence of any intention or negligence imputable to the state. — aka absolute responsibility.

accomplice liability. (1958) Criminal responsibility of one who acts with another before, during, or (in some jurisdictions) after a crime.  See 18 USCA § 2

accrued liability. (1877) A debt or obligation that is properly chargeable in a given accounting period but that is not yet paid.

aiding-and-abetting liability. (1972) Civil or, more typically, criminal liability imposed on one who assists in or facilitates the commission of an act that results in harm or loss, or who otherwise promotes the act’s accomplishment. See AID AND ABET. Cf. causer liability.

alternative liability. (1929) Liability arising from the tortious acts of two or more parties -when the plaintiff proves that one of the defendants has caused harm but cannot prove which one caused it -resulting in a shifting of the burden of proof to each defendant. Restatement (Second) of Torts § 433B(3) (1965).

causer liability. (1984) Civil or criminal liability imposed on the person whose acts resulted in harm or loss. Cf. aiding~and~abetting liability.

civil liability. (1817) 1. Liability imposed under the civil, as opposed to the criminal, law. 2. The quality, state, or condition of being legally obligated for civil damages.

contingent liability. (18c) A liability that will occur only if a specific event happens; a liability that depends on the occurrence of a future and uncertain event.  *  In financial statements, contingent liabilities are usu. stated in footnotes.

coordinate liability. (2003) A common liability shared equally by two or more persons for one debt or sum, discharge of the debt by one giving rise to contribution rights. ‘

corporate liability. (1821) Liability incurred by a company as a result of certain acts of its members or officers.

current liability. (1889) A business liability that will be paid or otherwise discharged with current assets or by creating other current liabilities within the next year (or operating cycle). Also termed short-term debt.

derivative liability. (1886) Liability for a wrong that a person other than the one wronged has a right to redress.  *  Examples include liability to a widow in a wrongful-death action and liability to a corporation in a shareholder’s derivative suit.

enterprise liability. (1941) 1. A type of liability, inspired by workers’ compensation, holding that business enterprises should be responsible for the injuries caused by their activities, regardless of fault or blameworthiness. See, e. g, Howard C. Klemme, “The Enterprise Theory of Torts,” 47 Colo. L. Rev. 153, 158 (1976) (“In its broadest terms the theory of enterprise liability in torts is that losses to society created or caused by an enterprise or, more precisely, by an activity, ought to be borne by that enterprise or activity”). 2. The iirst collective theory of products liability, making each member of a small industry jointly liable when each is aware of the risks and has jointly controlled those risks. See Hall v. 13.1. DuPont De Neumours 6% Co., 345 RSupp. 353 (E.D.N.Y. 1972). Cf. market-share liability. 3. Liability imposed on each member of an industry responsible for manufacturing a harmful or defective product, allotted by each manufacturer’s market share of the industry. -Also termed (in senses 1~3) industry-wide liability. See market‘share liability. 4. Criminal liability imposed o a business (such as a corporation or partnership) 1* certain offenses, such as public-welfare oEenses or enses for which the legislature specifically intended to impose criminal sanctions. See Model Penal (.011. § 2.07. See public-welfare ofense under ommNsn (2).

fault liability. (1930) Liability based on some degree n blameworthiness. -Also termed fault-based liability Cf. strict liability.

independent liability. (1823) Liability arising from an individual’s actions, unrelated to any other sources 01 liability.

industry-wide liability. See enterprise liability (2), (3).

innkeeper’s liability. (1828) The liability of a hotelier for loss of or damage to a guest’s property when the loss is not caused by the guest, an act of nature, or civil unrest.

b ‘oint and several liability. (1819) Liability that may e apportioned either among two or more parties or to only one or a few select members of the group, at the adversary’s discretion. 0 Thus, each liable party is individually responsible for the entire obligation, but a paying party may have a right of contribution or indem« nity from nonpaying parties. -Abbr. ISL. See solidary ‘ liability. > joint liability. (18c) Liability shared by two or more parties. ‘

liability in solido. See solidary liability. > liability without fault. See strict liability.

limited liability. (1833) Liability restricted by law or contract; esp., the liability of a company’s owners for nothing more than the capital they have invested in the business.

market-share liability. (1980) Liability that is imposed, usu. severally, on each member of an industry, based on each member’s share of the market or respective percentage of the product that is placed on the market.

oilicial liability. Liability of an officer or receiver for a breach of contract or a tort committed during the oflicer’s or receiver’s tenure, but not involving any personal liability.

penal liability. (1832) Liability arising from a proceeding intended at least partly to penalize a wrongdoer. Cf. remedial liability.

personal liability. (18c) Liability for which one is personally accountable and for which a wronged party can seek satisfaction out of the wrongdoer’s personal assets.

premises liability. See PREMISES LIABILITY.

primary liability. (1834) Liability for which one is directly responsible, as opposed to secondary liability.

products liability. See PRODUCTS LIABILITY.

remedial liability. (1919) Liability arising from a proceeding whose object contains no penal element. 0 The two types of proceedings giving rise to this liability are specific enforcement and restitution. Cf. penal liability.

secondary liability. (1830) Liability that does not arise unless the primarily liable party fails to honor its obliv gation.

several liability. (1819) Liability that is separate and distinct from another’s liability, so that the plaintiff may bring a separate action against one defendant without joining the other liable parties.

shareholder’s liability. (1886) l. The statutory, added, or double liability of a shareholder for a corporation’s debts, despite full payment for the stock. 2. The l lab ity of a shareholder for any unpaid stock listed as {u owned on

the stock certificate, usu. occurring eith when the shareholder agrees to pay full par value {. the stock and obtains the certificate before the stock paid for, or when partially paid-for stock is intentiol ally issued by a corporation as fully paid, the consit eration for it being entirely hctitious.  aka stockholders liability.

, solidary liability (sol-a-dair-ee). (1921) Civil law. ‘Ih liability of any one debtor among two or more join debtors to pay the entire debt if the creditor so chooses La. Civ. Code art. 1794. 0 This is equivalent to joint ant several liability in the common law. -Also termed liar bility in solido. See joint and several liability.

statutory liability. (1821) Liability that is created by a statute (or regulation) as opposed to common law.

stockholder’s liability. See shareholder’s liability.

strict liability. (1844) Liability that does not depend on proof of negligence or intent to do harm but that is based instead on a duty to compensate the harms proximately caused by the activity or behavior subject to the liability rule.  *  Prominent examples of strict liability involve the rules governing abnormally dangerous activities and the commercial distribution of defective products. — aka liability without fault. See strict products liability under PRODUCTS LIABILITY. Cf. absolute liability; fault liability; OUTCOME RESPONSIBILITY.

tortious liability. (1894) Liability that arises from the breach of a duty that (1) is fixed by the law, (2) is categorical in nature and owed to any person who is Within the scope of the duty, and (3) when breached, is redressable by an action for compensatory, unliquidated damages.  *  In some cases, tortious liability can also be redressed E by extracompensatory or punitive damages. g

vicarious liability (VI-kair-ee-as). (1875) Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. -Also termed imputed liability. See RESPONDEAT SUPERIOR. l

“The vicarious liability of an employer for torts commit. ted by employees should not be confused with the liabill ity an employer has for his own torts. An employer whose employee commits a tort may be liable in his own right for negligence in hiring or supervising the employee. If in my business 1 hire a truck driver who has a record of drunk driving and on whom one day I detect the smell of bourbon, I (along with my employee) may be held liable for neglil gence if his driving causes injury. But that is not ‘vicarious’ i; liability-l am held liable for my own negligence in hiring i that employee or letting him drive after i know he has been drinking.” Kenneth 5. Abraham, The Forms and Functions of Tort Law 166 (2002)..


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4


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