Liability

Liability means and signifies responsibility for an act or omission. Thus, he who commits a wrong is said to be liable for it.  Liability, in the words of Salmond, is the bond of necessity that exists between the wrong-doer and the remedy for the wrong. This remedy may be either civil or criminal, and thus, liability may be civil liability or criminal liability.

In cases of civil liability, the party who is wronged is entitled to the redress allowed by law, whereas in cases of criminal liability, the wring doer is made to undergo the penalty prescribed for the wrong.

Remedial Liability

Whenever the law creates a duty, it also seeks to enforce the fulfillment of such a duty. Therefore, the law imposes remedial liability on him who fails to perform such a duty. But there are some exceptional circumstances when law might accept the right of the plaintiff, and yet it may not enforce it.

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