Tuesday, 6 September 2016

Civil Liability:

Civil liability is the enforcement of the right of the plaintiff against the defendant in civil proceedings. Criminal liability is the liability to be punished in a criminal proceeding. A civil liability gives rise to a civil proceedings whose purpose is the enforcement of certain rights claimed by the plaintiff against the defendant. Examples of the civil proceedings are action for the recovery of a debt. Restoration of property , the specific performance of contract , recovery of damages , the issuing of an injunction against the threatened injury, etc. It is possible that the same wrong may give rise to both civil and criminal proceeding. This is so in cases of assualt , defamation , theft and malicious injury to property. In such cases the criminal proceeding are not alternative proceeding but concurrent proceeding. Those are independent of the civil proceedings. The wrongdoer may be punished by imprisonment. He may be ordered to compansate to the injured party. The outcome of proceeding of civil and criminal liability are generally different. In the case of civil proceeding , the remedy is in the form of damages. A judgement for the payment of a debt , an injunction , specific performance , delivery of possession of property, a decree of divorce. The redress for criminal liability is in the form of punishment which may be in the form of imprisonment, fine or death. In certain cases , the remedy for both civil and criminal liability may be the same . In certain cases , imprisonment may be awarded both in the cases of civil and criminal liability . Even in a civil case, if a party dares to defy an injunction , he can be imprisoned. Civil liability is measured by the magnitude of the wrong done but while measuring criminal liability we take into consideration the motive , intention, character of the offender and the magnitude of the offence.

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