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Wednesday, May 15, 2013

Tort Law- Distinctions Between Tort and Crime.


Crime and tort both are wrongful act. But two have many distinctions. Some main distinctions are given below:

  1. In tort general domain of law is civil law whereas crime is criminal.
  2. Tort is an infringement or provision of private right or civil right belonging to an individual’s (injury against the individual) whereas crime is a breach of public rights and duties, which affect entire community.
  3. In torts (civil case) the parties are known as plaintiff and defendant whereas in criminal case parties are known as complainant and accused.
  4.  In tort the wrong doer has to compensate the injured party whereas in crime, wrong doer punished by the state in the interest of society.
  5.  In tort the action is brought about by the injured party himself whereas in crime the proceedings are conducted in the name of state.
  6.   In tort damages are paid for compensating the injured whereas I crime the accused in a proceeding is fine or punishment by the state.
  7. The damages in tort are un-liquidated whereas in crime punishment or fine is liquidated.
  8. The offence of tort is private interest only and victim is injured whereas the offence of crime to all society; public interest.
  9.  In tort category of responsibility is liability whereas in crime responsibility is guilt.
  10. In case of torts permissible appeals by the defendant or plaintiff whereas in crime appeals by the defendant only.
  11.   In case of tort damages generally given by money whereas in crime it can be fine or punishment or both.