Tort

In the common law, a tort is a civil wrong for which the law provides a remedy. The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case. The term itself comes from Law French and means, literally, 'a wrong' (avoir tort = "to be wrong" or "to have wronged "). The equivalent body of law in civil law legal systems is delict.

Torts and criminal law

In common law, many torts originated in the criminal law. As noted above, there is still some overlap between crime and tort. For example, in English law an assault is both a crime and a tort (a form of trespass to the person).

Related Topics:
Common law - English law - Assault - Trespass

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The difference that grew up between the two is that in tort it is the victim (or 'claimant' in English law) who will normally initiate any court action and who aims to have a wrong compensated (for example by the payment of damages) or prevented (for example by injunctive relief). Criminal actions are normally for punitive purposes and initiated by a public body or their representative. Another distinction is that incarceration is available as a penalty for crimes, but not for torts.

Related Topics:
Damages - Injunctive relief - Incarceration

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Regardless, many jurisdictions retain a punitive element as a part of the law of tort via exemplary damages. Some torts may have a public element — for example, public nuisance, — with actions being maintained by a public body. Also, while criminal law is primarily punitive, many jurisdictions have developed forms of monetary compensation or restitution which criminal courts can directly order the defendant to pay to the victim.

Related Topics:
Exemplary damages - Public nuisance

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