Extent of Liability

Extent of Liability in United States

Extent of Liability 

The principle that, once a foundation of liability has been determined, that that liability must be discharged; also the methods by which that liability is discharged

Extent of liability meaning

In German law the court distinguishes between a finding of negligence and a determination of the extent of damages. The determination of the extent of damages establishes what remedies the defendant has against the plaintiff, e.g. how much she will be compensated. The common law does this as well though is not as doctrinally strict in that the German determination of negligence and its extent corresponds also to another principle which does not appear to have an analogue in the common law that injury and damage be united in one person (Tatbestandprinzip). The common law reaches the same result albeit using a slightly different conceptual apparatus. In a case where there was no unity of injury and damages, that is where there is an injury but no damages (damnum sine injuria) the common law would award nominal damages.


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