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Definition and Representations of Liability

  

  Liability,the legaldisadvantage,has different resentations,which may appear separately or mixedly.Seperately, duty of repair, or legal sanction is common representation of liability. Here I don''t agree with the view that liability is all of secondary duty,because only some of them can are secondary duty,such as paying money for fine.Others like accepting staying in a prison ,is not very exact to be a secondary duty.So,I prefer that ,along with duty of repair,legal sanction is another independent representation of liability.Mixedly,liability may appear as a combination of different representations.For example,because of drunk driving,I hit a person on the road.I have to pay damages of the person, also have to pay 500 for the violation of traffic rules.So,duty of repair of the person''s loss and fine of 500 are both representations of my liability.


  

  Besides the two representations of duty of repair and legal sanction,here what I am trying to remind is the third independent representation of liability,the legal disadvantage:Negatively Legal Review of the conduct on issue.Maybe we have missed it for a long time.


  

  Generally,if someone did not fulfill his legal duty,the law must say something first,declaring a negatively legal review of the conduct on issue, no matter whether the law makes further legal reactions.For example,before the court sentences a criminal penalty,it must say there was a crime.Before the court makes a decision of compensation,it must say there is a tort or a breach of contract. But logicaly, duty of repair or legal sanction is not always the inevitable disadvantage of nonfuifillment of legal duty.We may see such a phenomenon that the law just say you are wrong,and because the wrong is so light that no legal sanction is given.So,the law may just make a negatively review on the conduct on issue only,without taking any futher reactions of ordering a duty of repair or ordering a legal sanction. For example,I wrongfully parked my car,the police negatively reviewed me,but did not give any legal sanction.The police''s negative review of my conduct of wrongfully parking is a representation of my liabilitySo,I believe that negatively legal review of conduct on issue is an independent representation of legal disadvantage,of liability,which is not just the basis of duty of repair or of legal sanction,but the previously representation of liability.



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