shall bear responsibility for vs shall be liable for...

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Senior Member
In certain kind of agreement...

Notwithstanding the foregoing, Distributor, as an independent contractor, shall bear sole responsibility for, and shall be solely liable for, the manner of performance by Distributor of any and all service and repairs of any Products.

1. shall bear responsibility for..
2. shall be liable for...

What is the difference between 1 and 2?

thanks in advance!
  • Scholiast

    Senior Member

    This is legal language, which often looks long-winded and tautological by the standards of normal speech or usage, because it has to make things like contracts watertight against clever arguments devised by lawyers who might pick over precise wording looking for gaps on their clients' behalf.

    Admittedly, the terms "responsibility" and "liability" overlap, but there is a subtle difference of emphasis.

    "Responsibility" stresses the legal obligation to carry out the contractually agreed services, and to provide if necessary an account or explanation for failure to do so.
    "Liability" stresses the legal obligation to pay a penalty, or otherwise make good the omission, in the event of the contracted goods or services not being properly carried out.

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