Nov 28, 2004 03:41
19 yrs ago
76 viewers *
English term

responsible or liable

English Law/Patents Law (general) Terms of service
"X shall not be responsible or liable for the accuracy, usefulness or availability of any information"

OK, what is the difference between responsibility or liability? Is responsibility criminal and liability "civil legal" or tortious? Only, a big company like X can hardly be criminally responsible.

Discussion

Roddy Stegemann Nov 28, 2004:
Bigedsenior provides an excellent answer to your question to TranslatonatoR.
Non-ProZ.com Nov 28, 2004:
TranslatonatoR, let me put it this way: If liability is just the legal version of responsibility, what is the word responsible doing in a legal text?
Roddy Stegemann Nov 28, 2004:
An example: part of our responsibility as ProZ.com users is to fill the glossary with well-informed entries. Because we are not liable for what we enter, many of us are likely to be careless and select poor entries, however.

Responses

+5
38 mins
Selected

obligation vs. consequence

This hypothetical example may help:

- Contractor shall be responsible for developing product according to specification, for observing due dilligence in testing product according to standard xxxx, and for delivering product on schedule.

- Contractor shall be liable for all losses due to failure to follow specifications, inadequate testing, or schedule delays.

While there is an overlap in meaning, responsibility is often associated with obligations and liability with consequences; but I do not think that this is a hard rule.


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Note added at 1 hr 3 mins (2004-11-28 04:44:52 GMT)
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To put this in the context of your question, the clause might be rewritten as follows:

\"X does not guarantee the accuracy, usefulness or availability of any information. Therefore, X shall not be liable for any claims of innaccuracy, incomplete usefulness, or lack of availability of any information\"
Peer comment(s):

agree Johanne Bouthillier
9 hrs
agree Michel A.
14 hrs
agree Asghar Bhatti
19 hrs
agree Pawel Gromek
3 days 2 hrs
agree Tatiana Nero (X)
10 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "An excellent answer. They may have inserted the word responsibility "just in case" to rule out not only liability but all kinds of possible consequences, like criminal responsibility, reprisals etc. The agreement is universal, so you never know what might happen in a given jurisdiction. Thanks."
14 mins

liable is a more specific/technical legal term...responsible is just a broader defenition ===>>>

Liable
adj. responsible or obligated. Thus, a person or entity may be liable for damages due to negligence, liable to pay a debt, liable to perform an act which he/she/it contracted to do, or liable to punishment for commission of a crime. Failure to meet the responsibility or obligation opens one up to a lawsuit, and committing a crime can lead to a criminal prosecution

Legally responsible. For example, a person may be liable for a debt, liable for an accident due to careless behavior, liable for failing do something required by a contract or liable for the commission of a crime. Someone who is found liable for an act or ommission must usually pay damages or, if the act was a criminal one, face punishment



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Responsible
adj. 1) legally liable or accountable. 2) having the ability to pay or perform.


























Peer comment(s):

neutral writeaway : too sweeping a statement and responsible is not "just a broader defenition (sic)".
8 hrs
Something went wrong...
+1
28 mins

authorized to carry out/legally responsible

An individual in a business might be responsible for carrying out certain duties, but the liability falls on the owner, manager, director, etc.
Peer comment(s):

agree SirReaL : precisely
1 day 9 hrs
Thanks, SirR
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