Basis

Right in Rem

Right in Personam

(1) Meaning

A right available against the whole world.

A right available against a specific person or group of persons.

(2) Nature & rights

Proprietary right (Connected to property/status)

Personal right (Arising out of contract)

(3) Enforcement

Can be enforced against anyone who interferes.

Can be enforced only against a particular person who owes the obligation.

(4) Example

→Right to ownership of land.

→Right to live

→ Right not to be Trespassed.

→Right to recover money from a borrower.

→ Right to specific performance of a contract.

→Right to get goods delivered under a contract.

(5) Remedy

Remedy is generally damages or injunction to protect property or status.

Remedy is compensation or performance of the obligation.

(6) Transferability

Usually transferable (For example- Selling property).

Usually not transferable (Personal obligations).

(7) Number of Persons bound

Bounds everyone.

Bounds one or few persons only.

(8) Leading case

Ashby vs White.

Carlill vs Carbolic Smoke Ball Company.