DIFFERENCE BETWEEN TORT AND CRIME
1. INTRODUCTION OF TORT:
Tort is the breach of a civil duty and damage resulting from the breach of duty which is of such character as to afford a right of redress at law. The term tort has been held to mean a private wrong that is violation of civil rights belonging to individuals, considered as individuals.
2. Meaning:
The word tort is derived from is derived from Latin word “tortun” which means to twist, to turn, to disort.
3. Definition:
“Tort is a civil wrong for which the remedy is a common law action unliquidated damages and which is not exclusively the breach of a trust or other remedy equitable obligation.
4. Crime:
Crime is committed in violation of public law forbidding or commanding it.
5. Differences between tort and crime:
(i) Rights Protected:
Tort protects private rights whereas criminal law protects public rights of the general public.
(ii) Remedies:
A crime is a wrong for which the common law remedy is punishment. In tort, the remedy is an action for liquidated damages.
(iii) Presence of intention:
Intention is not required for the commission of tort. On the other hand intention is always relevant in criminal act.
(iv) Parties:
Criminal proceedings are brought by authorised body whereas every suit arising out of tortious liability is instituted by private person.
(v) Necessity a Defence:
In tort necessity is a defence while in crime necessity is not a defence.
(vi) Proceeding:
In law of tort proceeding are conducted by injured person while in criminal law proceeding are conducted by the state.
(vii) Compromise:
In tort compromise is permissible while in criminal law compromise is not permissible.
(viii) Codification:
Criminal law is codified in the form of Pakistan Penal Code while law of tort is not codified.
(ix) Position of minor:
In tort a person under seven year is tortiuously liable while in criminal law a person under seven year is not liable.
(x) Application of Limitation Act, 1908:
Limitation Act applies to tort but not to crime.
For more chick here Studies of Law
1. INTRODUCTION OF TORT:
Tort is the breach of a civil duty and damage resulting from the breach of duty which is of such character as to afford a right of redress at law. The term tort has been held to mean a private wrong that is violation of civil rights belonging to individuals, considered as individuals.
2. Meaning:
The word tort is derived from is derived from Latin word “tortun” which means to twist, to turn, to disort.
3. Definition:
“Tort is a civil wrong for which the remedy is a common law action unliquidated damages and which is not exclusively the breach of a trust or other remedy equitable obligation.
4. Crime:
Crime is committed in violation of public law forbidding or commanding it.
5. Differences between tort and crime:
(i) Rights Protected:
Tort protects private rights whereas criminal law protects public rights of the general public.
(ii) Remedies:
A crime is a wrong for which the common law remedy is punishment. In tort, the remedy is an action for liquidated damages.
(iii) Presence of intention:
Intention is not required for the commission of tort. On the other hand intention is always relevant in criminal act.
(iv) Parties:
Criminal proceedings are brought by authorised body whereas every suit arising out of tortious liability is instituted by private person.
(v) Necessity a Defence:
In tort necessity is a defence while in crime necessity is not a defence.
(vi) Proceeding:
In law of tort proceeding are conducted by injured person while in criminal law proceeding are conducted by the state.
(vii) Compromise:
In tort compromise is permissible while in criminal law compromise is not permissible.
(viii) Codification:
Criminal law is codified in the form of Pakistan Penal Code while law of tort is not codified.
(ix) Position of minor:
In tort a person under seven year is tortiuously liable while in criminal law a person under seven year is not liable.
(x) Application of Limitation Act, 1908:
Limitation Act applies to tort but not to crime.
For more chick here Studies of Law