Report No. 55

38. Varieties of monetary liabilities.-

The nature of the monetary liab,ility1 itself offers scope for numerous variations. For example:-

(i) it may be a pure and simple transaction of loan, between parties between whom there is not much disparity; or

(ii) it may be a transaction between parties of whom one is able to exploit the other; or

(iii) the monetary liability may arise out of a claim for maintenance; or

(iv) it may be for the wages of whole-time employment; or

(v) it may be a contractual liability, for a specific sum-e.g. a claim against a publisher for rrears of royalties; or in respect of leasing out of certain right to fell trees,2 or

(vi) it may be for accounts of custody of joint family property;3

(vii) it may be liability in damages for breach of contract,4 e.g. against a manufacturer for breach of warranty or against a supplier for non-delivery of goods;

(viii) it may be liability based on use of partnership money;5

(ix) it may be in the nature of compensation for tort, e.g. against the owner of a motor-vehicle or his insurer, for loss caused by an accident.6

1. Para. 37, supra.

2. (a) Sarajubala v. Surendranath, AIR 1919 Cal 144 (150);

(b) Bhagwant v. Gangabesain, AIR 194. Born 369 (370, 377, 378) (Interest on unliquidated damages).

3. Parruzu v. Subharayudu, AIR 1922 PC 71 (72).

4. Anandram v. Bholaram, AIR 1946 Bom 1 (7).

5. Udhavji v. Bapudas, AIR 1950 Born 94 (101); Section 37, Partnership Act.

6. See also para. 31, supra.