In this article you will learn about the Difference Between Tort and Crime.
Difference Between Tort and Crime
Tort and crime are two distinct areas of law that deal with wrongdoing, but they differ in several key aspects including their nature, purpose, parties involved, burden of proof, remedies, and procedures. Understanding these differences is crucial for legal practitioners, scholars, and the general public alike.
Nature and Purpose
Tort : A tort is a civil wrong that causes harm or loss to another person, their property, or their rights. The primary purpose of tort law is to compensate the injured party for the harm suffered and to deter others from committing similar wrongs.
Crime : A crime, on the other hand, is a violation of societal rules or laws that are punishable by the state. Crimes are considered offences against society as a whole, and the primary purpose of criminal law is to punish the offender and maintain public order.
Parties Involved
Tort : In a tort case, the parties involved are typically the plaintiff (the injured party) and the defendant (the alleged wrongdoer). The plaintiff seeks compensation or damages from the defendant for the harm suffered.
Crime : In a criminal case, the parties involved are the state (prosecution) and the defendant (the accused). The state, represented by prosecutors, brings charges against the accused on behalf of society.
Burden of Proof
Tort : In a civil tort case, the burden of proof rests on the plaintiff, who must demonstrate that the defendant's actions were the cause of their injuries by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible.
Crime : In a criminal case, the burden of proof lies with the prosecution, which must prove the defendant's guilt beyond a reasonable doubt, a higher standard of proof than in civil cases.
Remedies
Tort : The primary remedy in tort cases is monetary compensation, known as damages, which aim to compensate the plaintiff for their losses, such as medical expenses, lost wages, pain, and suffering.
Crime : The primary remedies in criminal cases include fines, imprisonment, probation, or other forms of punishment imposed by the court. The focus is on punishing the offender rather than compensating the victim, although restitution may be ordered in some cases.
Procedures
Tort : Tort cases are typically adjudicated in civil courts, where the parties present evidence, call witnesses, and argue their case before a judge or jury. The standard procedures of civil litigation, such as discovery and pre-trial motions, apply.
Crime : Criminal cases are prosecuted by government authorities in criminal courts. The procedures involve arraignment, trial by jury or judge, presentation of evidence, examination of witnesses, and sentencing if the defendant is found guilty.
Tort law focuses on compensating the injured party and deterring future wrongdoing, while criminal law aims to punish offenders and uphold societal order.
This article on Difference Between Tort and Crime is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.