Assignment #02

Assignment #02
Roll no. 19011624-068

Section: 6th CB
Subject: Jurisprudence-ii
Subject: Swaira Fariyad
Topic: Liability
Definitions: -
Liability means vinculum juris
Salmond - “liability is a bond of necessity that exists between the Wrong doer and
remedy of wrong”.
Markby - “The word liability is used to describe the condition of person who has a
duty to perform”.
Liability: - Joint liability, Several liabilities, Joint tort feasor, Primary liability,
Secondary liability, Liability in Solido.
Civil Liability
A plaintiff imposes civil liability against the defendant. In the case of civil
proceedings, the plaintiff has the right to demand compensation or damages from
the defendant, for the loss suffered by him. It can be in the form of:
 Liability as duty
 Liability as cost
In civil liability, the plaintiff usually seeks financial compensation for the injury or
loss of the non-criminal act performed by the defendant.
In finer terms, when a person is guilty of committing a non-criminal act that

resulted in harm to the aggrieved party, then that person is legally required to pay
monetary compensation to the aggrieved party, as awarded by the judge presiding
over the case.
Types of Cases that attract Civil Liability
 Breach of Contract: When one party fails to perform the contract, the other
party can claim damages for the loss suffered due to the non-performance of
the contract.
 Torts: These cases are related to allegations of the unintentional or
intentional wrongful act which resulted in emotional, physical or financial
loss to the party concerned. It includes negligence and defamation. breach of
statutory duty, fraud, and discrimination.
 Class Action Cases: In these cases, one of the parties is a group of people
whose representation is done collectively by one or more members of that
group. This group has suffered loss or harm due to the same cause.
Criminal Liability
A victim imposes criminal liability against the accused. In case of any criminal
proceedings, victims look for punishment which can be in the form of
imprisonment or penalty for the wrongdoer. For example Murder, theft, sedition,
rape, assault, etc.
Principles of Criminal Liability
It is the responsibility of the prosecution to establish two elements to create a

criminal liability:
 Actus Reus (Prohibited Act)

 Mens Rea (Guilty Mind)
This implies that the prosecutor has to prove that the defendant has committed the
guilty act while having a guilty state of mind. Because the absence of any of the
two elements will result in the acquittal of the defendant.
 Actus Reus: The physical outcome of the conduct of a person which is

substantially harmful and may attract punishment.
 Mens Rea: In general, if the mind of the person committing the act is
innocent, then there is no criminal liability. So, mens rea is the essence to
make a person criminally liable. That is to say, wrongful intention or
blameworthy condition of mind must be present.
So, the first element is the performance of the prohibited act and the second
element is the wrongful mental state. This means that simply having the intent to
commit a criminal act is not punishable in the eyes of law. Also, making
preparation for committing a criminal act is not punishable. However, criminal
liability arises when a person goes a step further into the stage of preparation and
makes attempt to commit an act which is forbidden by law.
Key Differences Between Civil and Criminal Liability
The pointers stated here will explain the difference between civil and criminal
liability:
1. Civil liability is a liability arising due to the civil wrong committed by an

individual. It is a legal obligation wherein the defendant must compensate
the damages or follow the court’s order with regard to the civil lawsuit.
Criminal Liability is a liability arising due to a criminal act committed. In
this, the government prosecutes the individual for allegedly committing the
crime.
2. When someone has committed civil wrong, it attracts civil liability.
Conversely, if someone has committed any crime, it may attract criminal
liability.
3. We follow the Code of Civil Procedure to determine civil liability. Whereas
the Code of Criminal Procedure determines criminal liability.
4. In the case of a civil lawsuit, civil liability arises when the aggrieved party
prosecutes the case. On the other hand, in the case of a criminal lawsuit,
criminal liability arises wherein the government prosecutes the case on
behalf of the victim.
5. Civil liability can take the form of damages or compensation. Also, it can
take the form of duty to perform something which the court orders. In
contrast, criminal liability can take the form of fine/penalty, fine or
imprisonment, fine and imprisonment, fine or Imprisonment or both
6. In the case of civil liability, the court’s decision is based on the standard of
preponderance of probabilities. As against, in the case of criminal liability,
the basis of decision of the court is the provability of the guilt of the accused
beyond a reasonable doubt.

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Assignment #02

Roll no. 19011624-068

In finer terms, when a person is guilty of committing a non-criminal act that

Types of Cases that attract Civil Liability

Principles of Criminal Liability

It is the responsibility of the prosecution to establish two elements to create a

 Actus Reus (Prohibited Act)

 Actus Reus: The physical outcome of the conduct of a person which is

1. Civil liability is a liability arising due to the civil wrong committed by an

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