Concepts of Rights and Duties

Concepts of Rights and Duties Concepts of Rights and Duties

Certain legal concepts. • Right and Duty • Liberty and No-right • Power and Liability • Immunity and Disability

Identify the concept applicable. • I can obtain legal aid from the State if I am not able to defend myself in a criminal case. • I have to exercise care and caution, while driving a vehicle on the road. • I can bequeath my property to any one by making a will.

A police officer can arrest a person, when he commits an offence in the presence of the officer. • I have to compensate a person when I injure him by my negligence. • I can practice any profession subject to qualifications and certain restrictions.

I cannot prevent a person from practicing a particular religion. • A child below 7 years of age cannot be punished for a crime. • A minor cannot enter into a contract.

Right • Power which a man has, to make a person or persons to do or refrain from doing certain act or acts • Interest recognised and protected by the State • Capacity to control the action of others with the assent and assistance of the State

Duty • Obligation to do or not to do any act • Wrong – Violation of a right or breach of duty imposed by law • Rights and duties are co-relative.

Liberty • Absence of legal duties imposed on oneself. • I have a right to do as I please with my own, but I have no right and am not at liberty to interfere with what is another's.

Right – Things which others ought to do or not to do for me • Liberty – Things which I may do or not do for myself • Co-relative of liberty is no-right

Power and Liability • Power – Ability to alter by his own will, the rights, duties, liabilities or legal relations either of himself or other persons • Public Power – Vested in a person as an agent or instrument of the functions of the State (Legislative; Executive; and Judicial)‏ • Private Power – Vested in persons to be exercised for their own purpose

Power may be exercised over other persons or over oneself • When it is exercised over the others, it is authority • When it is exercised over oneself, it is capacity • Liability is subjection to power.

Immunity and Disability • Immunity – Exemption from the power of another • Co-relative of Immunity is disability • Disability – Absence of power

Essentials of a Legal Right • Person who is the owner of the right. • Person or persons who are under a corresponding duty to respect that right • Object of the right i.e., the thing over which the right is exercised • Content of the right – act which the person who is bound by it has to do or omit • Title to the right (how the right is vested in the owner of the right

Parties to a legal right • State which confers a right on the individual and imposes corresponding duties on others • Person on whom the right is conferred • Person on whom the duty is imposed

Enforcement of a right • Award of damages • Specific restitution of property may be ordered • Specific performace of contract may be insisted upon • Penalty may be imposed in certain cases • It may be enforced by means of injunction

Classification of rights according to their objects • Rights over material things • Rights in respect of one's own person • Right of reputation • Rights in respect of domestic relations • Rights over immaterial property • Right to services

I enjoy my rights through the control exercised by law over other's acts • I use my liberties with the permission of law • I use my power with the active assistance of law • I use my immunities through law's refusal to accord assistance to others

Any questions?

Thank you.

Concepts of Rights and Duties