Criminal Law vs. Tort Law Essay

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Added on  2019/09/16

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This essay analyzes the differences between criminal law and tort law. It uses the example of a reckless driver to illustrate how the two legal systems address similar situations differently. In criminal law, the focus is on punishing the offender, regardless of whether there's a victim, while tort law focuses on compensating the victim for their losses. The essay highlights that criminal law aims to protect society by punishing wrongdoers, while tort law aims to provide remedies to those harmed by the actions of others. The essay concludes by summarizing the key distinctions between the two legal frameworks.
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Running head: CRIMINAL LAW VS. TORT LAW
CRIMINAL LAW VS TORT LAW
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CRIMINAL LAW VS. TORT LAW
Summary of Criminal Law vs Tort Law
Generally, the purposes of criminal law and tort law are very similar as both are used to recognize the wrong
doers and take corrective measures against them and they are used to disapprove self-help. Criminal Law
provides basic protection to society from anti-social acts as this law focusses on the individual committing the
wrongdoing. Therefore, in criminal law, the monetary value involved is not the issue but the existence of tort
law to compensate for the financial harm faced by victim is the main concern. Tort are considered as the
general criterions for civil conduct which include cases like contract law, property law, family law etc. This
law focusses on the ways to improvise the financial harm of the victim and his entitlement to compensation for
breaching the duties 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 (Stephen, et al., 2014).
Analysis of Criminal Law vs Tort Law
In order to analyze the criminal as well as tort law, we take the example of a driver who takes a blind
round curve at excessively high speed. In case of Tort Law, if that turn results in a collision with another
oncoming car, he needs to pay the damages and if no car is there, he might save those expenses. In case of
Criminal law, the driver has to pay the liability in both the cases as the main aim of criminal law is to put
sentenced criminals behind bars, or to label those condemned of a wrongdoing as criminals (ETUK, A.
G. Legal Foundations and Practices).
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CRIMINAL LAW VS. TORT LAW
REFERENCES
ETUK, A. G. Legal Foundations and Practices: Vocational-Technical Education in Perspective.
Stephen, J. F., & Smith, K. J. M. (2014). Selected Writings of James Fitzjames Stephen: A
General View of the Criminal Law. Oxford University Press, USA.
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