THE NATURE AND KIND OF LIABILITY

A project submitted in partial fulfilment of the course JURISPRUDENCE-

II, 6th SEMESTER during the academic year 2018-2019

SUBMITTED BY:
KHUSHBU KUMARI
ROLL NO- 1533
B.A. LL.B.

SUBMITTED TO:
Dr. Manoranjan Kumar
FACULTY OF JURISPRUDENCE- II

FEBRUARY, 2019
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
 INTRODUCTION

THE NATURE OF LIABILITY

In civilized societies most of the relation between the individual and the state are governed
by rules made or recognized by the state; that is, law. Law lays down the rights and duties of
the individuals. In other words, it prescribes what one is to do and what one is not to do and
what one is entitled to get "it” done.

A branch of these rules is called wrong. When a person has committed a wrong, he is said to
be liable. Thus, liability is the condition of the person who has committed a wrong.

Liability or responsibility results from a wrong of breach of duty. It is something which a

person must do or suffer on account of his failure to do what he ought to have done "duty”. A
person has a choice in fulfilling his duty, but liability arises independently of one’s choice.
Liability is the "vinculum juris”, i.e. the bond of legal necessity that exists between the
wrongdoer and the remedy of the wrong.

Liability, as defined by SALMOND, is the bond of necessity that exists wrongdoer and the
remedy of the wrong has more often been said to have contract or delict.

According to AUSTIN, liability consists in those things which a wrongdoer must do or suffer.
It is the ultimatum of law and has its source in the supreme will of the state. Liability rises
from a breach o duty which may be in the form of an act or omission. AUSTIN prefers to call
liability as "imputability". To quote him, “these 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. Or the plight or predicament of
the persons who have forborne, omitted or acts, is styled imputability”.

It is thus evident that liability arises from a wrong or the breach of a duty in law.
 AIMS AND OBJECTIVES

1. To study the nature of liability under jurisprudence.

2. To study about the definition and kind of liability.

HYPOTHESES

The researcher considers the following hypotheses:

1. Liability arises from a wrong or the breach of a duty.
2. Liability implies the state of a person who has violate the right or acted contrary to
duty.

RESEARCH METHODOLOGY

For this study, primary research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.

TENTATIVE CHAPTERIZATION

1. Introduction
2. Definition and Nature of Liability.
3. Kinds of Liability
1. Civil Liability
2. Remedial Liability
3. Penal Liability
4. Vicarious Liability
5. Absolute and Strict Liability
4. Conclusion
 BIBLIOGRAPHY

1. V.D. Mahajan, Jurisprudence and Legal Theory, EBC Publication, 5th edition 1987