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Concepts of Rights and Duties. Certain legal concepts. Right and Duty Liberty and No-right Power and Liability Immunity and Disability.

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Presentation on theme: "Concepts of Rights and Duties. Certain legal concepts. Right and Duty Liberty and No-right Power and Liability Immunity and Disability."— Presentation transcript:

1 Concepts of Rights and Duties

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

3 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.

4 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.

5 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.

6 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

7 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.

8 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.

9 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

10 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

11 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.

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

13 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

14 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

15 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

16 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

17 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

18 Any questions?

19 Thank you.


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