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RAJIV GANDHI NATIONAL

UNIVERSITY OF LAW

TORTS PROJECT
Distinction between
Torts and Crime

SUBMITTED TO : Dr. Sangeeta Taak

SUBMITTED BY: Malveka Nautiyal
ROLL NUMBER : 18010
YEAR & SEM : 1ST YEAR & 1st Semester
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TABLE OF CONTENTS

SERIAL TITLE PAGE

NO. NO.

1. ACKNOWLEDGEMENT 3

2. DEFINITION OF TORT LAW 4

3. HISTORY OF TORT LAW 5

4. DEFINITION OF CRIME 6

5. HISTORY OF CRIME 7

6. DISTINCTION BETWEEN TORT AND CRIME 8

7. CONCLUSION 9

8. BIBLIOGRAPHY 10
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ACKNOWLEDGEMENT
I would like to thank our Torts professor,
Dr. Sangeeta Taak, for granting me the
opportunity to make this project on the
distinction between Torts and Crime.
Throughout the process of making of this
project, I came across a plenty of different
information which facilitated to my novice
understanding of both the subjects.
Highly grateful.
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DEFINITION OF TORT LAW

Tort is a French word, its equivalent English word, is “wrong”. The phrase 'Tort' is
derived from the Latin word 'Tortum' which means 'twisted' or 'crooked'. The word

intends to say that there is a deviation from the normal, straight or correct conduct .
A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer
loss or harm resulting in legal liability for the person who commits the tortious act. 1
It is also similar to a Sanskrit word ‘Jimha’ which under ancient Hindu Law used in
the sense of tortious or fraudulent conduct.
Law of torts may precisely be defined as that body of law which deals with the
liability of persons against whom an “action in tort’ would lie. According to Clark and
Lindsell, “tort is a wrong, independent of contract for which the appropriate remedy is
a common law action”
The Common Law Procedure Act, 1852 defined tort as a “wrong independent of
contract.”
Of all the definitions, the definition of ‘torts’ as suggested by Dr. Winfield, well known
authority on law of torts, seems to be more acceptable. According to him, “tortious
liability” i.e. liability in torts arises from the breach of duty primarily fixed by the law,
such duty is towards persons generally and its breach is redressible by an action for
unliquidated damages.
Salmond has defined tort as a civil wrong which is redressible by an action for
unliquidated damages, and which is other than a mere breach of contract or breach
of trust2
According to Frederick Pollock, tort is an act or omission, resulting in breach of duty
to an individual for which he is entitled to get reparation from the wrong-doer, and
such reparation is unliquidated.3
Professor Frazer has characterised tort as a violation of a legal right, which justifies
the aggrieved party to bring an action for damages against the wrongdoer.
Tort has been defined in Section 2 (m) of the Indian Limitation Act, 1963 as ‘ a civil
wrong which Is not exclusively the breach of s contract or the breach of a trust.

1
https://en.wikipedia.org/wiki/Tort (1st line, 1st paragraph)
2
Salmond: Law of Torts (20th Ed. 1992) p. 14-15
3
Fredrick Pollock: ‘Law of Torts’ (15th Ed) p.15.
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HISTORY OF TORT LAW

Tort is a French word, its equivalent English word, is “wrong”. The phrase 'Tort' is
derived from the Latin word 'Tortum' which means 'twisted' or 'crooked'. The word
intends to say that there is a deviation from the normal, straight or correct conduct.
The 'Law of Torts' owes its origin to the Common Law of England. It is well
developed in the UK, USA and other advanced Countries. In India, Law of Torts is
non codified, like other branches of law, it is still in the process of development.
The modern law of torts or civil wrongs has evolved through 4 main stages:-

1. In the early stage, when society was primitive, private vengeance and self-
help were the only remedies available to the wronged person against the
wrongdoer. He could get his wrong redressed with the help of his friends or
relatives.

2. The second stage of development of civil law was characterised by the State
coming into existence in its rudimentary form, when its functions were only
persuasive in nature. It did not have any enforcing power by which it could
penalise the wrong-doer.

3. In the 3rd stage of development of civil law, wrongs could be redressed by

payment of compensation by the wrong-doer to the victim who was affected
by the wrongful act (up until this stage civil justice had remained more or less
private in nature without compulsive force of the State.

4. Modern law represents the 4 th Stage. It recognises the State as the sole
authority to implement and enforce civil as well the criminal law for the
administer of justice.

Roman Law of ‘delict’

The existence of the rudiments of modern tort-law may be found in the ancient
Roman law of delicts, which meant a private wrong for which the proper
remedy was reparation or award of damages. It, however, different from the
modern law of torts in two aspects:-
1. Firstly, it also included offences such as theft and robbery, which under
the Roman Law were exhaustively delicts.
2. Its scope was confined only to a limited number of specified wrongs
such as theft, robbery, damage to man’s property, injury to man’s
person and reputation against .
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The Roman Code, known as the Twelve Tables, justified private

vengeance against the wrong-doer in default of payment of customary
amount of compensation, but the system was later disapproved by the
Diocletian Reforms of 294 A.D and decision of the case by a Judge
alone, became the distinctive feature of the Roman Law of delict.

DEFINITION OF CRIME
In ordinary language, a crime is an unlawful act, punishable by a state or other
authority. The term “crime” does not, in modern criminal law, have any simple and
universally accepted definition., though statutory definitions have been provided for
certain purposes.

The most popular view is that crime is a category created by law; in other words,
something is a crime if declared as such by the relevant and applicable law. Also, a
crime or an offence is an act not only harmful to some individual but also to a
community, society or the state (“a public wrong”).

The notions that acts, such as murder, rape and theft are to be prohibited, exists
worldwide. What precisely is a criminal offence is defined by criminal law of each
country. While many have a catalogue of crimes called the criminal code, in some
common law countries in such comprehensive statue exists.
Usually, to be classified as a crime, the “act of doing something criminal” (actus
reus) must- with certain exceptions – be accompanied by the “intention to do
something criminal” (mens rea).

While every crime violates the law, not every violation of law counts as a crime.
Breaches of private law (torts and breaches of contract) are not automatically
punished by the state, but can be enforced through civil procedure.

The word crime is derived from the Latin root cerno, meaning, “I decide, I give
judgement”. Originally the Latin word, crimen , meant “charge” or “cry of distress”.
The Ancient Greek word Krima, from which the Latin cognate derives, typically
referred to an intellectual mistake or an offense against the community, rather than a
private or moral wrong.
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HISTORY OF CRIME
Some religious communities regard sin as a crime; some may even highlight the
crime of sin very early legendary or mythological accounts of origins- note the tale of
Adam and Eve, and the theory of an original sin.
What one group considers a crime may cause or ignite war or conflict. However, the
earliest known civilizations had codes of law, containing both civil and penal rules
mixed together, though not always in recorded form.
The Sumerians produced the earliest surviving, written codes. Urukagina, had an
early code that not survived; a later king, Ur-Nammu left the earliest extant written
law system, the Code of Ur-Nammu (c 2100- c. 2050 BC), which prescribed a formal
system of penalties for specific cases in 57 articles.
The Sumerians, later issued the other codes, including “the code of Lipitishtar”. This
code from the 20th Century BCE, contains some filthy articles, and scholars have
reconstructed it by comparing several sources.

It is only when a more centralized English monarchy emerged following the Norman
Invasion, and when the kings of England attempted to assert power over the land
and its people, did the modern concept emerge, namely of a crime not only as an
offence against the “individual”, but also as a wrong against the “State”.
This idea came from common law, and the earliest conception of a criminal act
involved events of major significance that the “State” had to usurp the usual
functions of the civil tribunals, and direct a special law or privilegium against the
perpetrator.
All the earliest English criminal trials involved wholly extraordinary and arbitrary
courts without any settled law to apply, whereas the civil law operated in a highly
developed and consistent manner. The development of the idea that the “State”
dispenses justice in a court only emerges in a parallel with or after the emergence
of the concept of sovereignty. I
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DISTINCTION BETWEEN TORT AND

CRIME
TORT CRIME
Tort is a violation of a civil or a personal A crime is a violation of a public duty
right of the plaintiff which affects the society as a whole

In case of a tort, the plaintiff is awarded In crime, the offender is punished in the
damages for the wrong caused to him by interest of the society
the defendant

In tort, the plaintiff himself can institute In the case of a crime, the criminal
civil proceedings against the defendant. proceedings against the offender are
instituted by the State and the offender
is punished if he is found guilty by the
Court.
In tort, barring a few exceptions, the In case of crime, mens rea i.e. motive of
motive of the defendant is generally not the accused is an essential ingredient of
relevant. the offence.

Tort is a mere breach of duty for which Crime is an unlawful act prohibited by
damages may be recovered from the law for which the only remedy is to
defendant. punish the offender.
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CONCLUSION

In conclusion, we come to the realisation that Tort and Crime are two distinct areas
of law, based on distinct concerns, in the society. There are several similarities
between them such as:-
1. Both areas of law seek to control people’s behaviour by preventing them in
acting in an undesirable manner, and both impose sanctions on those who
commit violations of the law.
For example, Torts of Trespass has strong historical connections with Criminal Law,
and it is a tort as well as a crime at the same time and so many other examples.
We also see how essentially, Tort and Crime are different, as Tort is in relation to
individuals while Crime is seen for the whole society. Tort is against an individual
while crime is against the State.
In case of Tort the person needs to have a duty of care towards the plaintiff to
constitute a tort. Where constituting a crime requires for mens rea to be present, this
isn’t required in case of tort, barring a few exceptions.

In case of tort, compensation is expected from the defendant for the injury, while in
crime, punishment is solicited for the accused.
All in all we are able to clearly read through all the various aspects of the relation of
Tort and Crime.
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BIBLIOGRAPHY

 https://en.wikipedia.org/wiki/Tort