A COMPARATIVE PERSPECTIVE OF LIABILITY ISSUES IN COMMERCIAL TRANSACTIONS

AUTHOR – AKSHAYA R* & SRIMAN**

* ASSISTANT PROFESSOR AT VELS SCHOOL LAW

** STUDENT AT VELS SCHOOL LAW

BEST CITATION – AKSHAYA R & SRIMAN, A COMPARATIVE PERSPECTIVE OF LIABILITY ISSUES IN COMMERCIAL TRANSACTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 51-54, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I65

Introduction

Global trade is based on commercial transactions, which include a variety of agreements between companies, customers, and financial institutions. These transactions are not risk-free, though, as liability conflicts often surface in areas like e-commerce, business governance, contract performance, misrepresentation, and product defects. Due to the influence of common law, civil law, and international treaties, the legal frameworks that regulate these liability concerns differ greatly throughout nations. It is crucial for companies, attorneys, and legislators to comprehend the many viewpoints on liability in business dealings. Liability is frequently founded on the concepts of tort-based duties, privity, and freedom of contract in common law jurisdictions (like the US and the UK). Generally speaking, courts prefer a hands-off approach unless fraud or unconscionability is implicated, and remedies center on damages and contractual enforcement. Conversely, civil law systems (like those in Germany and France) place more emphasis on pre-contractual liabilities, good faith duties, and statutory protections. They also provide a wider range of remedies, such as specific performance and rescission. Liability issues have become more complex as a result of the growing internationalization of trade, especially in areas like digital transactions, director accountability, and product liability. Businesses now have to negotiate a complex web of legal frameworks, each with unique liability allocation regulations, as a result of the growth of cross-border trade and e-commerce. Significant variances still exist despite regional consumer protection regulations (like EU Directives) and international initiatives like the United Nations Convention on Contracts for the International Sale of Goods (CISG) to reconcile these differences. Five main categories are examined in this research article’s comparative examination of liability issues in business transactions: tortious liability, corporate and director liability, product liability, contractual liability, and liability in e-commerce. This paper examines legal concepts from several jurisdictions to emphasize the difficulties firms confront and provide suggestions for reducing liability risks in a changing global marketplace. The findings are intended to facilitate more seamless business transactions across various legal systems by advancing a better understanding of how responsibility is distributed and enforced.