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Law of Torts
Difference between Tort and Crime
1.
INTORDUCTION:
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II)
OBJECT OF ACTION:
(a) Tort:
In tort, the wrong-doer has to compensate the injured party.
(b) Crime:
In crime, the wrong-doer is punished by the state in the interest of the
society.
(a) Tort:
In the most of the torts, the remedy is by way of damages i.e. the injured
party is compensated.
(b) Crime:
In crime, the accused is punished by the state.
V)
PROCUDEURE:
(a) Tort:
Tort is a civil wrong and injured party has to collect and put forward his
evidence and engage a lawyer with their own choice and their own expense.
(b) Crime:
In crime, the proceedings are handled by the District Attorney at the state
expense and investigation is conducted and evidence is collected by the
police/prosecution.
VI) COMPROMISE:
(a) Tort:
Compromise is permissible in tort.
(b) Crime:
Compromise is not generally permissible in crime.
VII)
VIII)
IMPORTANCE OF INTENTION:
(a) Tort:
Intention of the wrong-doer is of no importance in tort or of sub-ordinate
importance
(b) Crime:
In crime, intention is the crux of the case or the gist of crime.
IX) CODIFICATION:
(a) Tort:
Law of tort is not codified law.
(b) Crime:
Law of crime is codified e.g Pakistan Penal Code, 1860. and The Code of
Criminal Procedure, 1898.
X)
LIMITATION:
(a) Tort:
Limitation period in tort is different from limitation period in crime.
(b) Crime:
Limitation period in crime is different from limitation period in tort.
XIII)
NECESSITY AS DEFENCE:
(a) Tort:
Necessity is a defense under tort.
(b) Crime:
Necessity is not a defense under crime.
XIV)
PUNISHMENT:
(a) Tort:
In general, there is no concept of punishment in tort, only compensation is
to be awarded.
(b) Crime:
A convicted person must be punished under crime.
XV)COURTS:
(a) Tort:
All tort suits are filed in Civil Courts.
(b) Crime:
All criminal suits are filed in Criminal Courts.
XVI)
ENGAGEMENT OF LAWYER:
(a) Tort:
In tort, party engages a lawyer with his own choice and at his own expense.
(b) Crime:
In crime, proceedings are handled by District Attorney at the State expense.
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CONCLUSION