Liability

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  • 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

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