This article contains 9 difference between Perfect Rights and Imperfect Rights.
- Salmond writes: “A perfect right is one which corresponds to a perfect duty; and a perfect duty is one which is not merely recognized by the law, but enforced”.
- A perfect right is enforceable in law.
- Example: a promissory note duty executed is a perfect right in favor of creditor and a perfect duty on debtor.
- A perfect right has both remedy and the right.
- A perfect duty is one which a man not merely ought to perform, but it justly compelled to perform.
- Paying one’s debts is perfect duty. Conversely. It is a perfect right conferred to the creditor.
- Perfect right and duty pertains to the sphere of justice.
- All perfect rights are recognized by law.
- A perfect right may become imperfect right. Example: a time-barred debt, easementary rights of the owner, prescription, etc.
- Salmond writes: “An imperfect right is a right recognized by law, but could not be enforceable due to its in form or some other defects”.
- An imperfect right could not be enforceable in law.
- Example: A time-barred promissory note is not enforceable in law. It is an imperfect right in the creditor and imperfect duty in the debtor.
- “Limitation extinguishes only the remedy and not right”.
- “The imperfect duty” is a duty of such a nature that it is not fit for enforcement, but ought properly to be left to the free will of him whose duty it is.
- The duty to give alms to the poor is imperfect. It is only a moral duty and not enforceable by law. If one promises to pay certain donations and fails, it becomes perfect duty. There is no perfect duty upon every person to donate for kargil defense fund. However, if a gives a cheque of ten thousand rupees to the fund, but later it is dishonored. A’s imperfect duty is turned into perfect duty, and he is liable for punishment.
- The imperfect right and duties pertain to that of benevolence.
- All imperfect rights are not recognized by law.
- An imperfect right may become perfect right.