Liability
Renowned jurist Salmond defines liability as “Vinculum Juris”—a bond of necessity that ties the wrongdoer to the consequences of their actions. Think of it like an invisible legal rope that connects an act to its rightful remedy.
But not all liabilities are the same. There are different types, each with its own purpose and outcome.
- Civil Liability- Civil liability refers to the liability which consists of enforcement of the right of the plaintiff against the defendant in civil proceedings. Civil liability may be penal or remedial. It arises when the wrong is committed against a private individual. These are based on right in personam. Intention of parties is not relevant in considering civil liability.
- Criminal Liability- Criminal liability refers to the liability in which the purpose of law is to punish the offender or wrongdoer. It is always penal in nature and arises for wrongs against society. It results in punishment.
- Penal Liability-It refers to the liability which involves the idea of punishment.
- Remedial Liability- Remedial liability deals with the enforcement of the plaintiff’s rights.
- Vicarious Liability- Vicarious liability refers to situations where the liability of a wrongdoer is imposed on another person. This generally occurs when the person is acting on behalf of another—such as in a master-servant relationship. In such cases, liability may arise against any or both parties.
Obligation
An obligation is a duty—a course of action that someone is morally or legally bound to perform. It’s what ties one person to another in the eyes of law and fairness.
Let’s look at how famous jurists explain it:
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T.E. Holland calls it “a tie where one person is bound to perform some act for the benefit of another.”
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Savigny goes a step deeper—saying that obligation gives one person limited control over another person’s specific act, like carving out one action from someone’s free will and putting it under another’s control.
Kinds of Obligation
1. Solidary Obligation
When two or more people are responsible for the same debt or duty, it’s a solidary obligation.
There are three key types:
Several Obligation- It is the kind of obligation where each person is responsible only for their part.
Joint Obligation- It is the kind of obligation where all are responsible together, and the duty must be fulfilled by the group.
Joint and Several Obligation- It is a flexible mix—creditor can choose to claim the whole amount from any one of the obligors or from all together.
📝 Example: If three friends jointly borrow money from a lender, any one of them can be asked to repay the full amount under joint and several liability.
2. Contractual Obligations
Contractual obligations arise from agreements between parties—like promises made in a contract.
Based on: Right in personam (rights enforceable against a specific person).
Example: Paying rent, delivering goods, or completing agreed services.
3. Delictal Obligations
This is the kind of obligation which comes into play when someone commits a wrong or tort.
It’s the legal duty to make things right.
Example: If you damage someone’s car, you’re obligated to compensate—even if there was no contract involved.
4. Quasi-Contractual Obligations
These aren’t actual contracts—but they feel like it.
They arise when one person benefits unfairly at the expense of another, and the law steps in to prevent injustice.
Governed by Sections 68–72 of the Indian Contract Act, 1872.
Example: If someone mistakenly pays you money, you’re legally obligated to return it.
5. Inominate Obligations
Salmond calls these obligation the residuary class—obligations that don’t fit neatly into other categories.
They’re still real, just harder to classify.
6. Perfect Obligation
Perfect obligations are legally enforceable duties.
If someone fails to fulfill them, they can be taken to court.
Example: Repaying a loan under a signed agreement.
7. Imperfect Obligation
These obligation are more about morality than law.
You can’t force someone legally to perform them.
Example: Promising to help a friend move but backing out last minute—not illegal, just… not cool.
References:
- Jurisprudence and Legal Theory by Dr. V.D. Mahajan
- Studies in Jurisprudence and Legal Theory by Dr. N.V. Pranjape
