Foundation of liability in United States

Foundation of liability 

The principle that a tort must first be grounded in some factual instance. This principle of German law has no exact conceptual equivalent in the theory of common law torts though of course in practice analogues and paralells can be found.

Foundation of liability meaning

The foundation of liability is the determination of the negligence of the tort feasor and the injury arising therefrom to the plaintiff. It does not however concern the determination of the extent of liability (q.v.). In German law that is a separate inquiry, though in the common law the separation is not as distinct.