TORT LAW: Torts 

are wrongdoings that are done by one party against another. As a result of the
wrongdoing, the injured person may take civil action against the other party. To simplify this, let's say
while walking down the aisle of a grocery store, you slip on a banana that had fallen from a shelf. You
become the plaintiff, or injured party, and the grocery store is considered the tortfeasor or defendant,
the negligent party.
 Tortfeasor, or defendant, had a duty to act or behave in a certain way.
 Plaintiff must prove that the behavior demonstrated by the tortfeasor did not conform to the
duty owed to the plaintiff.
 The plaintiff suffered an injury or loss as a result.

Tort law is normally separated into three distinct categories. These include:
 Intentional torts, such as a claim for battery;
 Unintentional torts, which usually involve an action based on negligence, like those found in
a slip and fall case; and 
 Strict liability torts, which are based on incidents relating to specific causes, such as those
stemming from ultra hazardous materials, dangerous wild animals, or certain products liability
claims.

CRIMINAL LAW: Criminal law is the body of law that relates to crime. It proscribes conduct perceived
as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of
people inclusive of one's self.

TORTS AND CRIMES

Consider these three events:
1. Mary sells heroin to Jack.
2. Steve, not looking where he is going, knocks Mrs. Frayle down.
3. During an argument, Linda slaps Beth in the face.
Which do you think would be a crime? Which a tort? Understanding the difference between
crimes and torts is important because the law treats them in different ways.
TORTS: A tort is a wrongful act that injures or interferes with another's person or property. A tort case is
a civil court proceeding. The accused is the "defendant" and the victim is a "plaintiff." The
charges are brought by the plaintiff. If the defendant loses, the defendant has to pay damages to
the plaintiff.
CRIMES: A crime is a wrongful act that the state or federal government has identified as a crime. A
criminal case is a criminal proceeding. The accused is also called a 'defendant". The victim is the
person who has been hurt or the state of Georgia or other governmental entity. The charges are
brought by the government. If the defendant loses, the defendant must serve a sentence. A fine
is paid to the government and there is possible restitution to the victim.
The state has made selling heroin (event 1) a crime. Mary would be prosecuted for this crime in
a criminal proceeding by a district attorney representing the people of the state. If found guilty, Mary
could be fined and sent to jail. The victim of a crime is not a party to the legal action. Jack would not be
suing Mary. Rather, he would be one of several witnesses for the state in the case against her in court.
Tort cases are heard in civil proceedings: The legal process is quite different from criminal proceedings.
The civil process provides a legal means for victims of harmful acts to be compensated for the harm
done to them. Event 2 is a tort. Mrs. Frayle has been injured by Steve's act. In order to recover money
for the harm or damage she has suffered, the civil process requires that Mrs. Frayle sue Steve.
Furthermore, she must bear the cost in terms of time, energy, and money for doing so.
In such a legal action, the victim of the tort is usually called the plaintiff. The plaintiff begins a court
action against the alleged (or supposed) wrongdoer, usually called the defendant or tortfeasor. In event
2, Mrs. Frayle would be the plaintiff. Steve would be the defendant.
To win a tort case, the plaintiff must prove two things: (1) the defendant committed the tort and (2) as
a result of the tort, the plaintiff or the plaintiff's property was injured. If a plaintiff (like Mrs. Frayle) can
prove both, she is entitled to recover money damages from the defendant to compensate for the injury.
The defendant (Steve) is liable, which means he is responsible for paying the damages.
The same act may be both a crime and a tort. Event 3 is an example of an act that is both a crime and a
tort. Linda may face a criminal action by the state and a civil action by Beth, the individual who was
injured.
Why are two different legal actions against one wrongful act possible? In effect, criminal law
provides a way of punishing people who commit crimes. It acts to protect all citizens from such
wrongdoing. Criminal law is not concerned with the individual victim. The law of torts, on the other
hand, provides a way to compensate victims of wrongful acts.

The three main differences include the following:

1. Method: A tort is something that is classified as a wrongdoing against an individual, while a
crime is classified as an illegal act that affects the entire social order our communities live
within.
2. Intent: Torts can be unintentional, and many times they involve accidents caused by negligence.
This negligence certainly can still cause serious damage to the accident victim(s), which is why
torts are tried in civil court and compensation is metered out based on the victim’s losses due to
damages and the measure of wrongs involved with the tort.
A crime is an intentional, planned wrongdoing that affects society. There are situations
in which an innocent individual may suffer during criminal activities, but usually crimes are a
direct action against the law that aim to gain in some way from the specific wrongdoing.
3. Effect on Society: The ways in which torts and crimes affect society differ, but the impact is
always going to be negative no matter what the circumstances are.
A tort is something that ultimately distresses the well being of another individual who
then seeks out legal action and other forms of compensation.
A crime affects society on a more grand scale, and the criminal laws established within
any given state will make certain that criminals are adequately punished for their committed
crimes.
MORE DIFFERENCES:

Crime Tort

A Crime is wrongdoing which hampers the A Tort is wrongdoing which hampers the
social order of the society we live in. individual or his property.

Crime happens mostly intentionally. It is a It happens mostly due to negligence. Tort is

deliberate act which people do to get some hardly intentional. But it is still damaging to
unlawful benefits. the individual.

Crime impacts the well-being of society in

Tort impacts the well-being of the individual.
general. The legal bodies try to give
The aggrieved party seeks compensation for
proportional punishment to law offenders
the damages.
in order to maintain peace in society.

Crimes are presented in the Criminal Court. Torts are presented in the Civil Court.

Compensation for crimes is already

mentioned in the book of law. Whenever
the court has to decide the amount of Compensation for torts is given on the basis
compensation, they simply refer to the law of the damages to the aggrieved party.
book. In certain cases, judges use their
personal judgments too.
CATEGORIES:
1. Intentional Tort: An intentional tort is one where a defendant knows, or should know, that
their actions would bring harm to another person or the person’s property. An example of this
would be trespassing onto personal property.
2. Negligent Tort: Negligence torts are not committed on purpose; however, may be the result
of a defendant’s carelessness. An example of this would be flammable gas and explosives on a
construction site causing damage to someone’s property.
3. Strict Liability Tort: With strict liability torts an individual can be held responsible for
violations although not directly the cause of the violation. In other words, the defendant isn’t at
fault nor did the defendant act carelessly to cause the violation. An example of this could be a
defective product on a construction site causing harm or injury to someone.

TYPES
False Imprisonment: False imprisonment involves detaining a person without that person’s consent. It
can take the extreme form of kidnapping or the less extreme form of detaining a shopper for suspected
shoplifting without reasonable grounds. A defense to false imprisonment would be consent of the
detainee, or if a store owner had reasonable grounds to believe that the detainee was guilty of
shoplifting (shopkeeper’s privilege). This privilege allows a store owner (or his employee) to detain a
suspected shoplifter based on reasonable suspicion for a reasonable time.

Defamation: Defamation is the communication of a false statement that harms the reputation of an
individual. The law of defamation protects a person’s reputation and good name against
communications that are false and derogatory. Defamation consists of two torts: libel and slander. Libel
consists of any defamation that can be seen, most typically in writing. Slander is a form of defamation
that consists of making false oral statements about a person which would damage that person’s
reputation. If I spread a rumor that my neighbor has been in jail and this is not true, I could be held
liable for slander. A person is liable for the defamation of another. In order to prove defamation, the
plaintiff must prove:
 That a statement was made about the plaintiff’s reputation, honesty or integrity that is not true;
 There was publication to a third party (i.e., another person hears or reads the statement); and
 The plaintiff suffers damage as a result of the statement.

Strict Liability: Strict or absolute liability is the legal responsibility for damage or injury, even if the
person found strictly liable was not at fault. In order to prove strict liability in tort, plaintiff needs to
prove only that the tort happened and that the defendant was responsible for the act or omission. In the
case of strict liability in the USA, neither good faith nor the fact that the defendant took all possible
precautions is a valid defense. A common example of strict liability is imposing product liability in the
case of defectively manufactured products. Strict liability applies especially in cases involving hazardous
or dangerous activities. Generally, liability based on a tort only arises where the defendant either
intended to cause harm to the plaintiff or in situations where the defendant is negligent. However, in
some areas, liability can arise even when there is no intention to cause harm or negligence. For example,
when a contractor uses dynamite which causes debris to be thrown onto the land of another and
damages a landowner’s house, the landowner may recover damages from the contractor even if the
contractor was not negligent and did not intend to cause any harm. Basically, society is saying that the
activity is so dangerous to the public that there must be liability.