Liability: Difference between revisions

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{{def|Liability|/ˌlaɪəˈbɪlɪti/|n|}}
{{a|contract}}{{dpn|/ˌlaɪəˈbɪlɪti/|n|}}
The ''[[value]]'' of one’s legal [[obligation]]. In [[financial services]] — indeed, generally in the arithmetic reckoning of the [[common law]], which reduces the world to a kind of eternal ledger of debits and credits, that duty ''is articulated as a sum of [[money]] payable''. Now, I am making this up as I go along, readers — no change there — but financial services practitioners have a notoriously loose grip of the English language, so hang it, call it a ''financial poet’s licence'' to be exact, even if that might be exactly ''wrong''. We monetary bards<ref>I say this in the plural, but I am yet to meet another one; it is a rather singular occupation.</ref> like to wield vocabulary with the deftness of a sturgeon. So let’s.
The ''[[value]]'' of one’s legal [[obligation]]. In [[financial services]] — indeed, generally in the arithmetic reckoning of the [[common law]], which reduces the world to a kind of eternal ledger of debits and credits, that duty ''is articulated as a sum of [[money]] payable''. Now, I am making this up as I go along, readers — no change there — but financial services practitioners have a notoriously loose grip of the English language, so hang it, call it a ''financial poet’s licence'' to be exact, even if that might be exactly ''wrong''. We monetary bards<ref>I say this in the plural, but I am yet to meet another one; it is a rather singular occupation.</ref> like to wield vocabulary with the deftness of a sturgeon. So let’s.



Revision as of 08:12, 22 September 2023

The basic principles of contract

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Formation: capacity and authority · representation · misrepresentation · offer · acceptance · consideration · intention to create legal relations · agreement to agree · privity of contract oral vs written contract · principal · agent

Interpretation and change: governing law · mistake · implied term · amendment · assignment · novation
Performance: force majeure · promise · waiver · warranty · covenant · sovereign immunity · illegality · severability · good faith · commercially reasonable manner · commercial imperative · indemnity · guarantee
Breach: breach · repudiation · causation · remoteness of damage · direct loss · consequential loss · foreseeability · damages · contractual negligence · process agent
Remedies: damages · adequacy of damages ·equitable remedies · injunction · specific performance · limited recourse · rescission · estoppel · concurrent liability
Not contracts: Restitutionquasi-contractquasi-agency

Index: Click to expand:

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Liability
/ˌlaɪəˈbɪlɪti/ (n.)
The value of one’s legal obligation. In financial services — indeed, generally in the arithmetic reckoning of the common law, which reduces the world to a kind of eternal ledger of debits and credits, that duty is articulated as a sum of money payable. Now, I am making this up as I go along, readers — no change there — but financial services practitioners have a notoriously loose grip of the English language, so hang it, call it a financial poet’s licence to be exact, even if that might be exactly wrong. We monetary bards[1] like to wield vocabulary with the deftness of a sturgeon. So let’s.

In the narrowest sense, a “liability” is a term of accounting art: everything that an “asset” is not, only rendered in those monochromatic, monetary terms — accountants are colour-blind: they only understand the world in dollars and cents; they perceive only the decimal code underlying the multi-hued panorama that confronts the rest of us — but this is, in its way, a useful concept to hold onto when drafting a legal contract. It distinguishes a liability from an obligation: your obligation is to provide a carbolic smoke-ball of merchantable quality; your liability is to pay £100 to a purchaser should it not work.[2]

We are close to the netherworld of jurisprudence by which we ask what is money. But let’s save that for another day.

A company’s shares, by way of illustration, are not liabilities, but rather represent an ownership interest in the issuing company.

See also

References

  1. I say this in the plural, but I am yet to meet another one; it is a rather singular occupation.
  2. Huh. I wonder if they would work for Covid.