Difference between tort & crime
Introduction:
DEFINITION OF TORT
DEFINITION OF CRIME
Meaning of crime
Meaning of Tort
Difference between Tort and Crime
Conclusion:
Introduction:
Legal terms often generally become a source of confusion. Two of
the terms are Crime and Tort. Sometimes, people use them interchangeably
but that is not the reality. Both terms are completely different from each
other. Each of them has separate features and consequences. There are
several connections between tort & crime Historically, tort had, Its roots in
criminal procedure. Even today bet is a punitive element in some aspects of
the rules on damages. Still there are many differences as well. In fact, both
differ in principle and procedure. As a matter of fact, tort is an injury or breach
of a duty an Individual for which he Is entitled to get damages from the tort
feaser, Whereas, crime Is a breach of duty to the public at large state for which
the perpetrator is liable to punishment.
DEFINITION OF TORT:
According to Salmond and Heuston:
'A civil wrong for which the remedy is a common action for unliquidated
damages, and which is exclusively the breach of a contract or the
breach of a trust or other merely equitable obligations."
According to Winfield and Jolowicz:
"Tortuous liability arises from the breach of a duty, primarily fixed by
law; this duty is towards persons generally and its breach is redressable
by an action for unliquidated damages.”
DEFINITION OF CRIME:
According to Black Stone:
"Crime is an act committed or omitted in violation of public law
forbidding or commanding it."
According to Black's Law Dictionary:
“A positive or negative act in violation of penal law."
Meaning of crime
Undoubtedly, crime is nothing but doing something wrong. Specifically,
in this case, the impact is on society in general. There are special cases or acts
which are a crime under the state legal system. In case, a person does any of
the act, the law will take necessary decisions of punishment in the court.
Specifically, the proceeding takes place in the criminal court of law. Crimes
which go against laws are already set for the protection of society. Moreover,
it keeps peace ensuring everyone can have the right to live in a society, free of
crimes.
Crime is an illegal act for the following reasons:
1. Firstly, crime goes against existing laws set-up in society.
2. Secondly, crime affects the standard of living of law-abiding citizens who
wish to live peacefully in society.
3. Lastly, a crime is an intentional act contravening human fundamental
rights.
Meaning of Tort
Unlike a crime, tort is doing something wrong hampering individual parties. In
legal terms, a tort happens when negligence directly damages a person or
his/her property. There are different types of torts, but all of them result in
injury to a private person or property.
Negligence is the most common reason for tort. When a person
unintentionally harms someone then the injured party can sue the defendant
for his act. A strict liability tort becomes an issue if a private party is injured
through a faulty product.
Difference between Tort and Crime
Tort Crime
Nature of Right Infringed: Tort is an Infringement- Whereas crime is
of some civil or private Infringement of some
right of an of individual. public right and duty
which affects public
as a whole.
Compensation/Punishment: In Torts, person injured Whereas in Criminal
is Compensated Law, the accused is
punished.
Parties: In torts, the parties are Where as in Criminal
known as Plaintiff vs. cases, the parties are
Defendant. called State Vs.
Accused.
Remedy In Law of Torts, Whereas in criminal
unliquidated damages Law, punishment is
are award to the given to the accused
plaintiff. in the form of
Imprisonment, fine or
death.
Procedure Code Civil Procedure Code On the other hand,
(C.P.C.) regulates Criminal Procedure
proceedings under Law Code (Cr.P.C.)
of Torts. regulates the
procedure under
Criminal Law.
Compromise: In law of Torts, Whereas, it is not
compromises are generally permissible
permissible. in Criminal Law.
Necessity: Necessity is available as Whereas necessity is
a defense in Torts. not generally
available in Crime.
Limitation Act, 1908 Limitation Act 1908 Whereas it is
applies to the Law of inapplicable to
Torts. Criminal Law.
Minor Minor can sue and can While in Criminal Law,
be sued in the Tort. the minor cannot sue
and cannot be sued.
Codification: Tort is not available in a While criminal Law is
statute book, as it is not available in the form
codified. of a statute that is
Pakistan Penal Code
(PPC)
Initiation of Proceedings: In Law of Torts, the Whereas in Criminal
injured party himself Law, State can
initiates the initiate-proceedings
proceedings against the on the behalf of the
wrongdoer. victim.
Decision of Court: In Law of Torts, the While in Criminal
courts speak of findings cases, decisions of
or judgments. court result in
conviction or
acquittal.
Difference of Trial Court: In Tort proceedings While in crime
start in a civil court. proceedings are
initiated in criminal
court.
Role of State: In Tort state only In crime state has to
provides a machinery of play a significant role.
justice
Intention: Intention is not relevant While in Criminal Law,
in 'Law of Torts as it intention is the crux
does not require having of the case. Evil
bad intention or intention is the gist
malafide case. of crime.
Conclusion:
A Tort is a species of civil injury while crime is violation of a public right The
distinction between civil & criminal wrongs depends on the nature of the
appropriate remedy provided by law. In crime, the award of compensation is
ancillary to the criminal process; in tort is normally its very object
