Torts vs. Crimes: A Comprehensive Comparison
The Essential Guide to Understanding the Differences Between Torts and Crimes
Overview
Torts and crimes are both legal wrongs that result in harm or injury to another person or property. However, there are important differences between the two that are important to understand. This article will provide a detailed explanation of the differences between torts and crimes, including examples and case laws to illustrate the points.
You may also read Classification of Torts
What is a tort?
A tort is a civil wrong that occurs when one person or entity causes harm or injury to another person or entity. Torts are typically committed by one individual or entity against another individual or entity, and the victim of the tort has the right to seek damages or compensation for the harm that was caused.
There are several different types of torts, including intentional torts, negligent torts, and strict liability torts.
What is a crime?
A crime is a legal wrong that is punishable by the state. Crimes are typically committed against society as a whole, and the state is responsible for prosecuting the individual who committed the crime.
There are two main categories of crimes: felonies and misdemeanors. Felonies are more serious crimes that are punishable by imprisonment for more than one year. Examples of felonies include murder, robbery, and theft. Misdemeanors are less serious crimes that are punishable by imprisonment for less than one year or by a fine. Examples of misdemeanors include disorderly conduct and minor theft.
Distinctions between Tort and Crime
The followings are the main distinctions between tort and crime:
(1) Nature of wrong
A crime is generally considered an offense against the community. It is a breach of public rights and duties, which affect the whole community. Thus, crime may be said to be a public wrong. On the other hand, civil wrong is an infringement of the private or civil rights belonging to individuals, considered as individuals. Thus a civil wrong may be said to be a private wrong. A tort is distinguished from a crime because the former is a private or civil wrong the latter is a public wrong.
(2) Remedies
A crime is a wrong for which the common law remedy is punishment. A tort is a civil wrong and the remedy for which is an action for unliquidated damages. Since crime is deemed to be an offense against the whole community, the person guilty of committing the crime is punished not only for giving him a lesson but also to serve as an eye-opener to other members of the community. Tort being a civil wrong, the remedy is compensatory in nature i.e., to restore the parties, as far as possible, to the position in which they were, had the tort not been committed. That is why in tort the remedy is an action for unliquidated damages. In short, The remedies for torts are typically damages or compensation, while the remedies for crimes are typically fines or imprisonment.
Do you know Why the Law of Tort has not been Codified?
(3) Proceedings
As pointed out by Salmond, “A civil wrong is one which gives rise to civil proceedings, that is to say, which have as their propose the enforcement of some right claimed by the plaintiff as against the defendant. Criminal proceedings, on the other hand, are those which have for their object the punishment of the defendant for some act of which he is accused.
(4) Compromise
Tort being a private wrong, the party which suffers injury is required to file the suit against the defendant and at any stage of the proceedings may withdraw the suit on grounds of compromise with the defendant. Whereas, compromise, in most criminal cases, does not stop the proceedings against the accused.
(5) Nature of duty
It has been pointed out that the main difference between tort and contract lies at the level of the primary duty, in the former such duty being in rem and fixed primarily by law while in the latter it is in personam and fixed primarily by the parties themselves.
(6) Fixation of duty
The primary duties in criminal law are fixed by law and they are also incapable of being affected by the desires of individuals, save in situations such as common assault or theft where the absence of consent is an ingredient of the offense. Liability in tort is the concern of individuals. Therefore, its duties, though primarily fixed by law, can be contractually dispensed with or modified subject to limitations.
(7) Purpose of remedy
Whereas the purpose of the tortious remedy is primarily to compensate the victim, the purpose of criminal proceedings is primarily to punish the wrongdoer. This is so even though the occasional award of exemplary damages in tort to the victim may be said to carry with it a penal element.
(8) Subject of sanction
The sanction in tort takes effect only on the defendant’s property, whereas criminal sanctions operate on his person as well, e.g., imprisonment.
(9) Parties
Generally, criminal proceedings are brought by “the state” or some authorized body and although a private prosecution is still possible, whereas, every suit arising out of tortious liability is instituted by a private person as Torts are typically committed by one individual or entity against another individual or entity, while crimes are committed against society as a whole.
(10) Burden of proof:
In a tort case, the victim must prove that the person committing the tort was at fault and caused the harm or injury. In a criminal case, the state must prove beyond a reasonable doubt that the individual committed the crime.
(11) Standard of proof:
In a tort case, the standard of proof is a preponderance of the evidence, which means that it is more likely than not that the person committing the tort was at fault. In a criminal case, the standard of proof is beyond a reasonable doubt, which is a higher standard of proof.
Examples of torts and crimes
To further illustrate the differences between torts and crimes, here are some examples of each:
Torts:
- A person is driving recklessly and causes a car accident, resulting in injuries to another person. This is a negligent tort.
- A person intentionally hits another person, causing physical harm. This is an intentional tort of battery.
- A person makes false and defamatory statements about another person, causing damage to their reputation. This is an intentional tort of defamation.
Crimes:
- A person breaks into another person's home and steals their property. This is a crime of theft.
- A person intentionally and unlawfully kills another person. This is a crime of murder.
- A person engages in fraud by lying about their qualifications on a job application. This is a crime of fraud.
Case laws involving torts and crimes
Case laws involving Torts:
- McDonald's Coffee Case: In this famous case, a woman named Stella Liebeck spilled hot coffee on herself while driving, resulting in severe burns. Liebeck sued McDonald's, claiming that the coffee was too hot and that the company had not warned customers of the potential danger. The jury ultimately awarded Liebeck $2.9 million in damages, which was later reduced to $640,000. This case is often cited as an example of frivolous litigation, but it also illustrates the principle of strict liability in tort law.
- O.J. Simpson Civil Case: After being acquitted of the murder of his ex-wife and her friend in a criminal trial, O.J. Simpson was later found civilly liable for the deaths in a tort case brought by the victims' families. The jury in the civil case found Simpson responsible for the deaths and awarded the families $33.5 million in damages.
Case laws involving crimes:
- O.J. Simpson Criminal Case: As mentioned above, O.J. Simpson was acquitted of the murder of his ex-wife and her friend in a criminal trial. The case was highly publicized and remains one of the most well-known criminal cases in history.
- Watergate Scandal: The Watergate scandal was a political scandal that took place in the 1970s and involved the illegal activities of the administration of President Richard Nixon. The scandal led to the resignation of Nixon and the indictment and conviction of several of his top advisors.
Co-existing or Hybrid Cases of Tort and Crime
Crime and tort overlap. Many torts are also crimes, sometimes with the same names and with similar elements (for example, assault and battery) and sometimes a civil action in tort is deduced from the existence of a statute creating a criminal offense. The more serious, “traditional” criminal offenses are likely to amount to torts provided there is a victim who has suffered damage but the scope of tort is wider: it is broadly true to say that causing physical damage by negligence is always tortious, but it is criminal only in certain circumstances or conditions.
Object of remedies
At least some tort law, like crime, has the purpose of deterrence and in a very limited class of cases, tort imposes overt punishment upon defendants in the shape of exemplary damages. On the other side, criminal proceedings may lead to compensation of the victim without a separate civil action.
You may also read The basic Principles of Tort Law
Conclusion
In summary, torts and crimes are both legal wrongs that result in harm or injury to another person or property. However, there are important differences between the two, including the parties involved, the remedies sought, and the burden and standard of proof. Understanding the differences between torts and crimes is important for anyone involved in the legal system.