Tort actions refer to civil law, and criminal acts refer to criminal law.
What is a tort? What is a crime?
What is the difference?
| TORTS
| CRIMES
|
| Tort is a wrongful act or omission of act against a person or person’s property
| Crime is a wrong against society
|
| The parties to tort case are plaintiff (claimant) and defendant
| The parties to criminal case are prosecutor in the name of the government and the defendant
|
| The burden of proof is on both parties, but the preponderance of evidence is the major factor
| The burden of proof is on the prosecution – guilty beyond a reasonable doubt
|
| The court decision is usually damages or fine. The winner gets a compensation.
| The court decision (punishment) is usually imprisonment or substantial fines. The victim is not compensated.
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| Tort liability is based on the duty of care: breach of this duty intentional or not makes a person liable to another person
| Criminal liability involves three elements: intention, violent act and as a result - harm to another person.
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Exercise 2
Torts are divided into the following three categories: 1) Intentional torts; 2) Negligence; 3) Strict liability.
Intentional torts are those wrongs which the defendant knew or should have known would occur through their acts or omission of acts. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.
Intentional torts.
