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Understanding Liability Types and Principles

The document introduces the concept of liability, exploring its existence, incidence, and measurement in relation to wrongdoing. It categorizes liability into civil, criminal, remedial, and penal types, detailing the conditions under which each type arises. Additionally, it discusses the general rules and exceptions of penal liability, emphasizing that individuals are typically liable for their own actions unless specified otherwise by law.

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6 views13 pages

Understanding Liability Types and Principles

The document introduces the concept of liability, exploring its existence, incidence, and measurement in relation to wrongdoing. It categorizes liability into civil, criminal, remedial, and penal types, detailing the conditions under which each type arises. Additionally, it discusses the general rules and exceptions of penal liability, emphasizing that individuals are typically liable for their own actions unless specified otherwise by law.

Uploaded by

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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LIABILITY – AN INTRODUCTION

INTRODUCTION
• Liability is a bond that exists between wrongdoer and remedy of
the wrong
• Purpose of the study –
• Investigate and understand the leading principles which determine
–
• Existence of liability
• Incidence of liability
• Measure of liability
• For wrong doing
INCIDENCE OF LIABILITY

•Who is liable
•When liability arises
•Types of liability
TYPES OF LIABILITY

•Civil liability
•Criminal liability
•Remedial liability
•Penal liability
PENAL LIABILITY

•Direct or ulterior liability is punishment of


the wrong doer
CIVIL LIABILITY

•Enforcement of rights of the plaintiff


•Idea of punishment is wholly irrelevant
•All criminal liability is penal
•Civil liability is some times penal some times
remedial
THEORY OF REMEDIAL LIABILITY
• Expectation: Whenever the law creates a duty, it should
enforce the specific fulfillment of it
• Reality:
• Certain duties are not specifically enforced
• Illustration: Time barred debt – imperfect obligation
• Certain duties from their very nature they cannot be
specifically enforced-
THEORY OF REMEDIAL LIABILITY
•Certain duties which can be specifically enforced
but , such enforcement is not expedient
THEORIES OF PENAL LIABILITY
•Conditions of liability
•Incidence of Liability and
•Measure of penal liability
CONDITIONS OF LIABILITY
•Not liable for what other persons do
•Not liable for events independent of human
activity altogether
•Mere act is not sufficient
•Actus non facit reum, nisi mens sit rea
GENERAL RULE OF PENAL LIABILITY AND
EXCEPTIONS
•One is liable for what he himself does willfully or
recklessly
•Exceptions-
•Law may include provisions penalizing mere negligence
•Law may create offences of strict liability, here guilt
may exist without intention, recklessness or even
negligence
GENERAL RULE OF PENAL LIABILITY

• A PERSON IS GENERALLY LIABILE FOR PENALTY FOR


WRONGFUL ACTS
• DONE EITHER WILLFULLY OR RECKLESSLY
EXCEPTION TO THE GENERAL RULE
• First exception
• CRIMINAL LAW MAY INCLUDE PROVISION PENALISING MERE
NEGLIGENCE THE ACT MAY BE THE RESULT OF INADVERTENCE
• Second exception
• Creation of offences of strict liability-
• For such offences, guilt may exist without intention, recklessness
or negligence

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