A Comparative Analysis of Criminal Law and Tort Law

This report provides a comparative analysis of criminal law and tort law, highlighting their fundamental differences and objectives. Criminal law primarily focuses on punishing wrongdoers and protecting society from anti-social acts, often involving criminal intent and potential imprisonment or fine...Read More

Running head: CRIMINAL LAW VS. TORT LAW
CRIMINAL LAW VS TORT LAW
[Document subtitle]

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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. For any
action to be considered as Tort, there must be three elements present- firstly, the plaintiff has to
establish that defendant has acted under a particular fashion because he was under a legal
obligation. Secondly, the plaintiff has to demonstrate that the defendant has
breached this obligation by
not conforming his or her behavior accordingly. Lastly, the plaintiff need to prove that he has
suffered loss or injury as a result of the breach by defendant. 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 (Ross Feller Casey, 2017)
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.

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CRIMINAL LAW VS. TORT LAW
G. Legal Foundations and Practices). Criminal cases asks the defendants to show and prove their
innocence while tort cases ask victims to evidence the actions of defendants which has resulted
in their wrong or injury. Also, the laws related to tort are passed down from one generation to
another with minute alterations while the laws related to crimes are derived from orders. It is
very important to prove the criminal intent of the defendant in criminal cases while, the actions
that are accidental may not give enough harm and may be turn out to be favorable for victim in
laws of tort.

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CRIMINAL LAW VS. TORT LAW
REFERENCES
ETUK, A. G. Legal Foundations and Practices: Vocational-Technical Education in Perspective.
Ross Feller Casey, L. (2017). Tort Law versus Criminal Law | Ross Feller Casey, LLP.
Rossfellercasey.com. Retrieved 3 February 2017, from
http://www.rossfellercasey.com/newsletters/tort-law-versus-criminal-law/
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.
What is the difference between tort law and criminal law?. (2017). Reference. Retrieved 2
February 2017, from https://www.reference.com/government-politics/difference-between-tort-
law-criminal-law-39e4446200a62b24