- He who does a Wrong is said to be 'liable' or 'responsible' for it.
- Liability is a correlative to legal remedy.
- 'Responsibility' is its synonym.
- Liability is the vinculum juris that exists between the wrongdoer and the remedy for the wrong.
- Liability is for wrongful acts or for omissions.
Kinds of Liability
- Civil or Criminal and can be Remedial or Penal
- Civil Liability: Liability in civil proceedings with a purpose of enforcement of rights vested in plaintiff.
- Criminal Liability: Liability in criminal proceedings with a purpose to punish the wrongdoer.
- Penal Liability: Aims at punishing the wrongdoer
- Remedial Liability: Aims at enforcement of rights and punishment is unknown to it.
- Criminal Liability is always penal
- Civil Liability is sometimes penal and sometimes remedial
Theories of Liability
- Theory of Remedial Liability
- Theory of Penal Liability
Law as an obligation
- Government Liability
- Theory of Strict Liability
- Absolute Liability and Vicarious Liability
- Act of God as exception to tort liability
- Exceptions to liability in Torts
- Inevitable accident as an exception to tort liability