Liability

Liability is the state of being legally responsible for something. In legal terms, it is the obligation to compensate or make amends for damages, breach of duty, or illegal acts. Liability can arise from statutes, contracts, or judicial decisions.

Civil liability differs from criminal liability. Civil liability generally seeks to compensate the harmed party or restore them to their position before the wrong occurred, while criminal liability punishes conduct deemed an offense against society. Within civil law, liability may be imposed for torts, breaches of contract, or under regimes of strict liability where fault is not required.

Tort liability covers duties of care owed to others and breaches that cause harm. Common torts include negligence, intentional torts, and product liability. Negligence requires a duty of care, a breach, causation, and damages. Strict liability imposes responsibility without proof of fault, often for inherently dangerous activities or defective products, regardless of negligence.

Contractual liability arises from the failure to perform contractual obligations, with damages intended to compensate the other party for losses caused by the breach.

Other concepts include vicarious liability, where an employer can be responsible for an employee’s actions performed within the scope of employment, and joint or several liability, where multiple parties may be responsible for the same harm. Remedies typically include damages, injunctions, restitution, or penalties where relevant.

Criminal liability requires actus reus (a guilty act) and mens rea (a guilty mind), with the prosecution generally needing proof beyond a reasonable doubt. Defenses may include absence of mens rea, insanity, intoxication, or self-defense, among others. Statutes of limitations limit the time to bring claims.