Also known as: liable · liabilities · liableness · legal responsibility · legal obligation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The quality or state of being legally obligated or accountable. This responsibility arises when a person or entity must answer for conduct that invades a legally protected interest of another and may be enforced through civil remedy or criminal punishment.
The quality or state of being legally obligated or accountable. This responsibility arises when a person or entity must answer for conduct that invades a legally protected interest of another and may be enforced through civil remedy or criminal punishment.
Luis Lopez fired at an armed intruder who had broken into his home at night. The prosecutor declined to charge homicide because the killing fell within the category of justifiable homicide that the law expressly authorized. No criminal liability attached to Luis under the common-law classification of homicide.
A financial or pecuniary obligation. Such an obligation consists of a debt or other monetary responsibility that one party owes to another.
Latoya Lane retained counsel on a one-third contingent-fee basis to pursue a personal-injury claim. After settlement the lawyer provided the required written statement showing the recovery and the method used to calculate the fee. Latoya became obligated to pay the agreed percentage of the net recovery as her financial liability under the agreement.
A financial or pecuniary obligation. Such an obligation consists of a debt or other monetary responsibility that one party owes to another.
Each sense below has its own examples, sources, and questions.
Lumen Capital sued Lattice Systems for breach of a supply contract. Lattice then filed a crossclaim against its co-defendant Linden Logistics asserting that Linden was or might be liable for all or part of any judgment Lumen obtained. The crossclaim arose out of the same transaction that formed the subject matter of the original action.
After Lena Lawson was injured in a collision with a delivery van owned by Lakewood Manufacturing, the company offered to pay her hospital bills. At trial Lena sought to introduce the offer to prove Lakewood's liability for her injuries. The court excluded the evidence under the rule barring proof of liability by offers to pay medical expenses.
During a seizure Lillian Locke struck a pedestrian while her car lurched forward. The prosecution charged her with assault. Because the movement was a reflex rather than a voluntary act, the court held that no criminal liability could be imposed under the requirement that liability rest on conduct including a voluntary act.
Lance Lee allowed his assistant to negotiate a equipment lease while holding the assistant out as his authorized agent. Suppliers changed their position by delivering goods in reliance on that appearance. When the assistant exceeded actual authority, Lance was nevertheless subject to liability to the suppliers who reasonably believed the transaction was entered into for him.
Criminal liability requires a voluntary act or omission and a culpable mental state that supports punishment by the state. Civil liability arises from conduct that invades a protected interest of another and is enforceable by private remedy such as damages.
Evidence that a party furnished or offered to pay medical expenses is inadmissible to prove liability for the injury. The evidence may be admitted for another purpose such as proving bias or negating a claim of undue delay.
A party may assert a crossclaim against a coparty when the claim arises out of the same transaction or occurrence as the original action. The crossclaim may seek to hold the coparty liable for all or part of any claim asserted against the crossclaimant.
A contingent-fee agreement creates an obligation to pay the lawyer a percentage of any recovery. The agreement must be in writing and must disclose the method of calculation, expenses to be deducted, and whether expenses are deducted before or after the fee is computed.
…therefore, being in the same situation as to these duties as every other ministerial officer of the United States and equally liable to be compelled, is also bound by the same rules of evidence. These duties are not confidential but public and his clerks have no exclusive privileges except as to facts concerning foreign…