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Wednesday, October 8, 2014

What are liability and negligence?




 Liability is responsibility whereas negligence is a lack of responsibility.

If someone is liable for the damage to your car, it means that they have done something wrong by which they had brought about the damage. Negligence means an injury or accident caused by someone for not doing something in a proper way. For example, an accident involving drunk driving is negligence.

Liability can also be defined as a cause that leads to negative results. In legal terms, liability does not mean that there is a conscious decision or effort to create an injury or accident which could lead to any harm. In legal terms, negligence is defined as the lack of care or concern of persons to take essential steps to address certain dangers or hazards. 

Negligence is also defined as the careless conduct that could create liability. It can also be called a failure to behave as a responsible person.

Legal liability arises from three legal wrongs such as: a tort, crime, and breach of contract. A tort is a wrong committed against organizations or people causing a loss to them.  Crime includes: auto theft, burglary, murder, rape, robbery, theft, and more like that.  Breach of contract is a condition in which a contract or agreement is not addressed, or adhered to.

A court will award damages in the case of negligence if it satisfies the requirements that there was failure to perform a duty if the plaintiff had suffered loss or injury because of the negligent act.

Thus:

  •          Liability is responsibility whereas negligence is lack of responsibility.
  •          Negligence means an injury or accident caused by someone for not doing something in a proper way. Liability can be defined as a cause that leads to negative results.
  •          In legal terms, liability does not mean that there is a conscious decision or effort to create an injury or accident which could lead to any harm.
  •          In legal terms, negligence is defined as the lack of care or concern of persons to take essential steps to address certain dangers or hazards.
  •          Negligence is also called the careless conduct that could create liability.
  •          Legal liability arises from three legal wrongs such as: a tort, crime, and breach of contract.
  •          A court will award damages in the case of negligence if it satisfies the requirements that there was failure to perform a duty if the plaintiff had suffered loss or injury because of the negligent act.
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