Concepts of Law: Liability for RAS/RTS Mains exam

Liability is a comprehensive legal term that describes the condition of being actually or potentially subject to a legal obligation. A liable person is a natural person legally or de facto entrusted with certain duties within a legal entity, as well as a person authorised, that is, a person who may reasonably be considered as authorised to act on behalf of a legal entity.

Liability or responsibility is the word or tie that comes into existence as a result of the wrongful act of an individual. This is called Vinculum juris by which a man who is under it, must do certain things. A man’s liability consists in these things which he must suffer. It is the ultimatum of the law. It has its sources in the Supreme will of the State. According to Salmond, liability or responsibility is the bond of necessity that exists between the wrong doer, and the remedy. “He who commits a wrong is said to be liable or responsible for it”.

Joint liability is an obligation for which more than one person is responsible.
Joint and several liability refers to the status of those who are responsible together as one unit as well as individually for their conduct. The person who has been harmed can institute a lawsuit and recover from any or all of the wrongdoers—but cannot receive double compensation, for instance, the full amount of recovery from each of two wrongdoers.
Primary liability is an obligation for which a person is directly responsible; it is distinguished from secondary liability which is the responsibility of another if the party directly responsible fails or refuses to satisfy his or her obligation.
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.