Analysis of the legal aspects of civil and criminal liability in contracts
Liability is considered one of the most important topics addressed by legal specialists, and it is one of the old and renewed topics as long as the contract exists and the obligation exists. In general, civil liability refers to the legal responsibility for one's actions that result in harm...
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| Format: | Article |
| Language: | English |
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Uzhhorod National University
2023-11-01
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| Series: | Аналітично-порівняльне правознавство |
| Subjects: | |
| Online Access: | http://journal-app.uzhnu.edu.ua/article/view/290514 |
| _version_ | 1827747202643001344 |
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| author | N. Madaoui |
| author_facet | N. Madaoui |
| author_sort | N. Madaoui |
| collection | DOAJ |
| description |
Liability is considered one of the most important topics addressed by legal specialists, and it is one of the old and renewed topics as long as the contract exists and the obligation exists.
In general, civil liability refers to the legal responsibility for one's actions that result in harm to another person or entity. It is a legal obligation wherein the defendant must compensate the damages or follow the court's order with regard to the civil lawsuit . On the other hand, criminal liability refers to the legal responsibility for one's actions that violate criminal law and are punishable by imprisonment, fines, or other penalties .
In the context of contracts, civil liability arises when one party breaches a contract and causes harm to another party. The harmed party can sue the breaching party for damages in a civil court . Criminal liability arises when a party commits fraud or engages in other criminal activities while entering into or performing a contract. In such cases, the breaching party can be prosecuted in a criminal court and may face imprisonment or fines ■
Whether civil or criminal, this is what was discussed in this article, which relied on a group of studies and in accordance with the legal approach applied in studies and research, to arrive at a set of results.
Contract law balances holding parties accountable for their promises, while acknowledging that not all breaches are willful reneges of core obligations. In good faith disputes, remedies aim to make the aggrieved party whole, not punish the breacher. But for deceitful misrepresentations and other unlawful contract activities, harsher civil penalties and criminal sanctions come into play. Contract law weaves together civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced, multi-faceted system of justice surrounding contractual agreements and disputes.
The article finds that the law balances holding parties responsible for their promises, while recognizing that not all violations amount to a deliberate deviance from basic obligations. In good faith disputes, remedies aim to make the injured party whole, not to punish the wrongdoer. But for deceptive misrepresentations and other illegal contract activities, more severe civil penalties and criminal penalties apply. Contract law combines civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced and multifaceted system of justice surrounding contractual agreements and disputes.
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| first_indexed | 2024-03-11T05:44:49Z |
| format | Article |
| id | doaj.art-77cd7bb37de9445a9e3702ae2fcec1a9 |
| institution | Directory Open Access Journal |
| issn | 2788-6018 |
| language | English |
| last_indexed | 2024-03-11T05:44:49Z |
| publishDate | 2023-11-01 |
| publisher | Uzhhorod National University |
| record_format | Article |
| series | Аналітично-порівняльне правознавство |
| spelling | doaj.art-77cd7bb37de9445a9e3702ae2fcec1a92023-11-17T15:18:46ZengUzhhorod National UniversityАналітично-порівняльне правознавство2788-60182023-11-01510.24144/2788-6018.2023.05.7Analysis of the legal aspects of civil and criminal liability in contractsN. Madaoui0Lecturer Class A Lounici Ali, University of Blida2 Algeria Liability is considered one of the most important topics addressed by legal specialists, and it is one of the old and renewed topics as long as the contract exists and the obligation exists. In general, civil liability refers to the legal responsibility for one's actions that result in harm to another person or entity. It is a legal obligation wherein the defendant must compensate the damages or follow the court's order with regard to the civil lawsuit . On the other hand, criminal liability refers to the legal responsibility for one's actions that violate criminal law and are punishable by imprisonment, fines, or other penalties . In the context of contracts, civil liability arises when one party breaches a contract and causes harm to another party. The harmed party can sue the breaching party for damages in a civil court . Criminal liability arises when a party commits fraud or engages in other criminal activities while entering into or performing a contract. In such cases, the breaching party can be prosecuted in a criminal court and may face imprisonment or fines ■ Whether civil or criminal, this is what was discussed in this article, which relied on a group of studies and in accordance with the legal approach applied in studies and research, to arrive at a set of results. Contract law balances holding parties accountable for their promises, while acknowledging that not all breaches are willful reneges of core obligations. In good faith disputes, remedies aim to make the aggrieved party whole, not punish the breacher. But for deceitful misrepresentations and other unlawful contract activities, harsher civil penalties and criminal sanctions come into play. Contract law weaves together civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced, multi-faceted system of justice surrounding contractual agreements and disputes. The article finds that the law balances holding parties responsible for their promises, while recognizing that not all violations amount to a deliberate deviance from basic obligations. In good faith disputes, remedies aim to make the injured party whole, not to punish the wrongdoer. But for deceptive misrepresentations and other illegal contract activities, more severe civil penalties and criminal penalties apply. Contract law combines civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced and multifaceted system of justice surrounding contractual agreements and disputes. http://journal-app.uzhnu.edu.ua/article/view/290514Contractcriminalcivillawlegal aspectsliability |
| spellingShingle | N. Madaoui Analysis of the legal aspects of civil and criminal liability in contracts Аналітично-порівняльне правознавство Contract criminal civil law legal aspects liability |
| title | Analysis of the legal aspects of civil and criminal liability in contracts |
| title_full | Analysis of the legal aspects of civil and criminal liability in contracts |
| title_fullStr | Analysis of the legal aspects of civil and criminal liability in contracts |
| title_full_unstemmed | Analysis of the legal aspects of civil and criminal liability in contracts |
| title_short | Analysis of the legal aspects of civil and criminal liability in contracts |
| title_sort | analysis of the legal aspects of civil and criminal liability in contracts |
| topic | Contract criminal civil law legal aspects liability |
| url | http://journal-app.uzhnu.edu.ua/article/view/290514 |
| work_keys_str_mv | AT nmadaoui analysisofthelegalaspectsofcivilandcriminalliabilityincontracts |