First Principles of Business Law

15. Tort, crime and contract

15.1. Distinguishing tort and crime

Tort and criminal law are not completely distinct. One reason for this is their shared origins in legal history. Another reason is that the same act often gives rise to both criminal and tortious liability. Violence against the person is usually both a crime and a tort.

But the concern of criminal law is to protect the interests of the community whereas tort law is concerned with protecting the rights and interests of individuals. This is why, in criminal cases, it is the state that initiates proceedings against offenders, to punish them for their wrongdoing. In tort law, legal actions are brought by an individual plaintiff against the wrongdoer, with the object of claiming damages as compensation for injury or loss.

But even this distinction is sometimes blurred. For example, an award of exemplary damages can be made in tort to punish the defendant for particularly reprehensible behaviour. It is also true that criminal courts have a statutory power to make a convicted person pay compensation to their victim, similar in effect to an ordinary award of damages in a tort case.