Thursday, 24 November 2011

Relationship between Accountability and Obligations

     I have chosen the cited caption for today's blog as in the present day the term 'Accountability' is talked about very often and especially when a wrong has been detected.  But the reality that exists is that. accountability does not arise only after the detection of the wrong but commences right from the conception to do an act.  This is obvious from the semantics of the term 'accountability' which only points out that it is 'a responsibility to fulfill one's obligation.  Moreover, the term 'obligation' points out that it consists of rights to be exercised and duties to be performed and in that course acceptance of liabilities, if any, that may arise.  Therefore, accountability is implicit once a relationship gets established . It will, therefore, be a misconception if it is understood to arise only after the wrongs have been detected.  Rights and duties arising out of any relationship are correlative and it creates a binding effect on the parties.  This sense of proportion is to be borne in my mind as it is only then the performance of rights and duties by the respective parties in the relationship will go in the right direction and which may even help in the avoidance of the commission of wrongs as well.  Above all, it is the 'Obligation' which grants the power to perform the rights and duties and as a consequence accountability also follows.  In fact, it is not for every feasance (doing an act) accountability will be called for so long as as the said feasance is intravires,  while accountability, as is normally understood in terms of fiduciary liability, will be called for only for misfeasance (doing a lawful act in a wrongful way) or for  malfeasance (doing an illegal act or an act being positively unlawful) or on certain occasions for nonfeasance (omission to do an act) with which one is vested. It would, therefore, be fit and proper to understand the precept of accountability from the inception of the relationship itself. rather than taking defenses.when accountability is sought to be fastened...  ..

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