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What is Liability - 

     Liability is the result of a violation of the law.  Law lays down is down the right and duties on the
individual. The law awards legal rights to one individual and imposes the duty upon another person. A
person should not infringe is the legal right of others. If anybody violates the legal right of another, he is
said to have committed a wrong. If there is a wrong there is a liability.

    Definition of Liability -
       It is difficult to define the term 'liability' Some Eminent Jurists made attempt to define the term
'liability'.

Salmond - 

          According to Sir John Salmond, "liability or responsibility is the bond of necessity that exists between
the wrongdoer and the remedy of the wrong."
Austin - 

     Austin prefers to use the term 'imputability' to 'liability'. According to him, Those certain forbearances,
Commissions or acts, together with such of their consequences, as it was the purpose of the duties to avert,
are imputable to the persons who have forborne omitted or acted.

Different Kinds / Types of Liability -


Different Kinds of Liability are as follows -

1) Civil liability  -

         Civil liability is the enforcement of the right of the plaintiff against the dependent in civil proceedings.
Civil liability gives rise to Civil Procedure whose purpose is to the enforcement of certain rights claimed by
the plaintiff against the defendant. Examples of civil proceedings are an action for recovery of the Debt,
Restoration of property, the specific performance of a contract,  recovery of damages, the issuing of an
injunction against the threatened injury etc.

2) Criminal Liability - 

    Criminal liability is the liability to be punished in a criminal proceeding.  in criminal liability,  punishment
is awarded to a wrongdoer. If the person is guilty of committing the offense with criminal intension then he
is liable for punishment. Criminal liability is based on the Maxim "actus non facit reum nisi mens sit rea" 
it means the offender is guilty only when it is done with the guilty mind.
3) Penal liability -

   The theory of penal liability is concerned with the punishment of wrong.  There are different kinds of
punishment, Deterrent,  preventive,  retributive, reformative etc.A penal liability can arise either from a
criminal or a civil wrong. There are three aspects of penal liability those are the conditions, incidence, and
measure of a liability. As regards the conditions of penal liability, it is expressed in the maxim "actus non
facit reum nisi mens sit rea"  This means that the Act does not constitute guilt unless it is done with guilty
intention. Two things are required to be considered in this connection and those are the act and the mens
rea  requires the consideration of imitation and negligence. The act is called the material condition of penal
liability and the mens rea is called the formal condition of penal liability.
4) Remedial Liability - 
           Remedial liability is based on the Maxim "Ubi jus ibi remedium"  it means when there is right there
must be some remedy.  The force of law can be used to compel a person to do what he ought to do under
the law of the country.  if an injury is caused by the violation of a right, the same can be remedied by
compelling the person bound to comply with it.The first exception is an imperfect obligation or duty,  Second
exception unenforceable duties and the third exception is the impossibility of performance by law.

5) Vicarious liability - 

         Vicarious liability means a liability which is incurred for or instead of another.


Generally, a person becomes liable for a tort committed by him. But there are certain
circumstances in which one person becomes liable for the tort committed by another. Such
liability is called vicarious liability. There are three exceptions to the general rule that man must
be forced to do by the force of law what he is bound to do by a rule of law.

Example- 

Master and servant

Firm and partners

Employer and independent  contractor


6) Absolute or strict liability

           Both in Civil and criminal law, mens rea or guilty mind is considered necessary to hold a
person responsible/liable. However, there are some exceptions to the general rule. In those cases,
a person is held responsible irrespective of the existence of either wrongful intent or negligence.
Such cases are known as the wrongs of absolute liability/ strict liability. 
What is Liability Liability is the result of a violation of the law. The law awards legal rights
to one individualand imposes the duty upon another person.A person should not infringe is
the legal right ofothers. If anybody violates the legal right of another, he is said to have
committed a wrong. Ifthere is a wrong there is a liability. There are variouskinds of
liabilitysuch as Civil liability,Criminal liability,Penal Liability,Remedial Liability,Vicarious
Liability,Absolute or StrictLiability.Definitions of LiabilityIt is difficult to define the term
'liability' Some Eminent Jurists made attempt to define theterm 'liability'.Salmond
-According to Sir John Salmond,"liability or responsibility is the bond ofnecessity that exists
between the wrongdoer and the remedy of the wrong."Austin –Austin prefers to use the term
'immutability' to 'liability'. According to him, thosecertain forbearances, Commissions
or acts, together with such of their consequences, as itwas the purpose of the duties to
avert, are imputable to the persons who have forborne omittedoracted.Vicarious liability
- The general principle of law is that a person is liable for his own actions and not for the
acts of others.,but in certain kinds of cases a person is held liable for the act of
anotherbecause of special relationship subsisting between them.for example - Master and
ServantC o m p a n y a n d D i r e c t o r s e t c . C r i m i n a l l i a b i l i t y i s n e v e r v i c a r i o u s
e x c e p t i n s p e c i a l circumstances. However,civil Law recognizes vicarious liability in
two classes of cases. Amaster is responsible for the acts of his servants done in the
course of their employment.Likewise, legal representatives are liable for the act of dead men
whom they represent.Definition of vicarious liability -According to Webster's dictionary, the
term 'vicar'meansthe person whoperforms the function of another,a substitute Vicarious
liability means theliability which is incurred for or instead of another.Principles of vicarious
liability - Vicarious liability emerges from the following principles -1)Q ui facit per
alium facitp e r s e -Q u i f a c i t p e r a l i u m facitp e r s e t h i s i s L a t i n M a x i m w h i c h
means, "he who does an act through another, is deemed in law to
d o himself.when a person authorizesanother to perform an act and a tort is committed
whileperforming the act, the former is liable as if he had committed it himself.2) Respondent
superior- It means "let the superior be liable". if the liability isimpos ed on a
S uperior man ignoring the weaker man, the injured party would get
the appropriate remedy.

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