Liability implies a sense of duty. In the legal sense, a person's answerability for the consequences of a violation of law is called liability. The rights and duties of an individual are determined by law. If a person violates his rights and duties, he is considered to have made a mistake. In legal terms, the result of such a mistake is called liability. Thus, liability may be for a wrongful act or omission.
Salmond states," Liability is a bond or necessity that exists between the wrongdoer and the remedy of the wrong."
According to Austin, "liability consists in those things which a wrongdoer must do or suffer. Liability arises from a breach of duty which may be in the form of an act or omission".
Different types of liability are described as follows:
a. Civil Liability: Civil liability is to enforce the plaintiff's right against the defendant. In the case of a civil proceeding, if a person makes a mistake then the result is remedial. In the case of violation of civil duty, the court issues an order or makes a judgment for remedial actions like payment of the debt, a decree of divorce, etc. as the civil liability wrongdoer. Remedial liability is also known as civil liability which focuses on the liability in the form of remedy.
b. Criminal Liability: In the case of violation of criminal law, criminal liability is notified which the person is compelled to fulfil. Criminal liability is measured by the consideration of motive, intention, the character of the offender, and the magnitude of the offence. In the case of a criminal proceeding, if a person commits a crime then in the form of punishment, there may be life imprisonment, fine, or death. Penal liability is also known as criminal liability. This liability is based on the maxim actus non facit nisi mens sit rea means an offender is guilty only when it is done with a guilty mind or certain intention.
c. Strict Liability: When a person is liable for the commission of any act in the absence of mens rea, it is called a strict liability which means an act is sufficient for the occurrence of a crime. The main purpose of strict liability is to protect the public from attempting or committing dangerous actions by creating a higher standard of care and managing criminal activities in as efficient a manner as possible.
d. Vicarious Liability: The general principle of law is that the person is liable for his/her own acts but not for the acts of others. But there are some cases in which a person can be made liable for the actions of other people because he/she was in a particular relationship with the person committing the crime and such liability is termed as vicarious liability. This liability is mainly related to tort.
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