Page 82 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

3.2 TORT AND OTHER LAWS

Table 3.1: Difference between Tort Law and Criminal Law

TORT LAW CRIMINAL LAW
Civil wrong against Crime/offense against state
individual/individuals

Proceeding by tort’s Proceeding by state through
victim/plaintiff/injured person public prosecutor/police

Govern by civil procedure Govern by criminal procedure
Remedy: compensation Remedy: punishment (fine or
(monetary) imprisonment or both)

Terminology: Defendant is sued Terminology: the accused is
by plaintiff/claimant and found prosecuted by public
liable/not liable. prosecutor and found guilty/not
guilty.

Table 3.2: Difference between Tort Law and Contract Law

TORT LAW CONTRACT LAW
Civil wrong against Civil wrong against
individual/individuals individual/individuals

Duty primarily fixed by law Duty primarily fixed by parties
themselves

Duty is towards persons Duty is towards a specific
generally person/person

Remedy: award of damage to Remedy: award damages to
restore the plaintiff as to the compensate for what he would
position he was in before the obtain if the contract had been
commission of tort perform

Tort and contract law may be overlap in the same wrong (breach of
contract/duty), but plaintiff must sue for tort or contract or both but
may not recover damages twice over.

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