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Criminal Law vs. Tort Law: Understanding the Differences
Added on -2019-09-16
This article explains the differences between criminal law and tort law, their purposes, and how they are applied. It also provides an analysis of the two laws using an example. The article concludes by highlighting the importance of proving criminal intent in criminal cases and the evidence of actions in tort cases.
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Running head: CRIMINAL LAW VS. TORT LAWCRIMINAL LAW VS TORT LAW[Document subtitle]
1CRIMINAL LAW VS. TORT LAWSummary of Criminal Law vs Tort LawGenerally, the purposes of criminal law and tort law are very similar as both are used torecognize the wrong doers and take corrective measures against them and they are used todisapprove self-help. Criminal Law provides basic protection to society from anti-social acts asthis law focusses on the individual committing the wrongdoing. Therefore, in criminal law, themonetary value involved is not the issue but the existence of tort law to compensate for thefinancial harm faced by victim is the main concern. Tort are considered as the general criterionsfor civil conduct which include cases like contract law, property law, family law etc. For anyaction to be considered as Tort, there must be three elements present- firstly, the plaintiff has toestablish that defendant has acted under a particular fashion because he was under a legalobligation.Secondly,theplaintiffhastodemonstratethatthedefendanthasbreachedthisobligationbynotconforminghisorherbehavioraccordingly.Lastly,theplaintiffneed toprovethathehassufferedloss or injuryasaresultofthe breach bydefendant. This law focusses on the ways toimprovise the financial harm of the victim and his entitlement to compensation for breaching theduties owed to him beyond contract law, property law and contract law. Unlike Criminal law,there is no such assumption of existence of criminal law in Tort law (Ross Feller Casey, 2017)Analysis of Criminal Law vs Tort LawIn order to analyze the criminal as well as tort law, we take the example of a driver who takes a blindround curve at excessively high speed. In case of Tort Law, if that turn results in a collision with anotheroncoming car, he needs to pay the damages and if no car is there, he might save those expenses. In case ofCriminal law, the driver has to pay the liability in both the cases as the main aim of criminal law is to putsentenced criminals behind bars, or to label those condemned of a wrongdoing as criminals (ETUK, A.
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