difference between tort and crime
Apoorv Shrivastava
(Querist) 01 August 2010
This query is : Resolved
Dear sir,
please explain me the difference between tort and crime with some illustrations and important cases.
Thanks,
Anisha Nema
Arvind Singh Chauhan
(Expert) 01 August 2010
In simple sense Tort is a wrong in personam (against individual) Crime is a wrong in rem (against all society).
Generally compensation is awarded for tort, and there is punishment for crime.
Murder, rape, theft etc are crime.
If your sharp edged fencing causes injury to some one it is a tort.
Though some wrongs cover both tort and crime as defamation, trespass,nuisnace etc.
c n vittal rao
(Expert) 01 August 2010
Also tort is a part of the common law and there is no written statute governing torts torts are not limited and any wrong or injury can be remedied by compensation or damages there is no punishment inthe sense that applies to crime eg jail term crimes are always under a penal code or special statute legislated for remedying or punishing the act which is prohibited by the law applicable to it finally crimes are prosecuted by the state in criminal courts and torts are remedied by civil courts torts andcan be resolved by compromise but crimes (with some exceptions) cannot be resolved by parties affected as the expert pointed out being crimes against society
Babu Narayanan
(Expert) 01 August 2010
Damages will be awarded for tort and the proceedings are civil in nature, where in the case of crime punishment will be imposed in proceedings in criminal nature . The proceeding with respect to the tort will be initiated by the injured person , criminal proceedings are initiated / at the instance of state
Parthasarathi Loganathan
(Expert) 01 August 2010
Tortious Liability arises from a breach of duty primarily fixed by law and is redressable by means of unliquidated damages. Whereas a criminal act emanates from the mental element itself. If a malafide criminal intention is proved, that itself constitutes a Crime and Action is immaterial.
G. ARAVINTHAN
(Expert) 02 August 2010
Tort is a civil wrong and claim can be made against it.
Crime is a criminal wrong, which is against State
Parthasarathi Loganathan
(Expert) 02 August 2010
Mr. Aravinthan's crisp and apt reply took me back to my Madras Law College days where Mr.C.Nagappan (Torts Professor) and presently Judge in Madras High Court taught us how to remember Winfield's Definition of Torts which I recollected instantaneously in my reply to the query.
