Tort or crime
Tort means “wrong” derived from the French word tort. We can simply define tort as any private wrong, harm or injury to another person for which there is a remedy, in form of damages, in law.
Crime. In criminal law when a person commits a wrong, the action is called a crime but in civil law when a person commits a wrong, we call the action a tort. In the tort case, the plaintiff’s burden of proof is the preponderance of the evidence, mostly called the balance of probabilities. In criminal cases, the burden of proof is higher than in civil cases (such a tort case) and requires that such a case must be proved beyond reasonable doubt. When a person commits a crime, he/she does not only harm that particular individual to who the harm has been committed but also the general public. A crime is considered an offense against the public generally and is therefore punishable by government.
Sometimes a tort and a crime may arise from same set of facts or one wrong
Example. John beats Gordon. There is a tort of battery and a crime of assault. Court will hear and make judgements for the two and award damages for battery, the tort, and maybe imprisonment for assault, the crime. There are mainly two reasons for having the law of tort in any society:
- To provide compensation to persons who are injured as a result of the fault of others
- To deter persons from failing to fulfil their private obligations
General principles of tort law
Main Types of torts
Remedies in tort law and their purpose
