Tort vs. Crime: What's the Difference?

Torts and crimes are legal terms defining different kinds of unlawful acts. A tort is a civil wrong committed against an individual, causing harm or loss, for which the victim may seek damages in civil court. In contrast, a crime is considered an offense against the state or the public and is prosecuted by the state, potentially resulting in penalties such as fines, imprisonment, or probation.

The intent and consequences of torts and crimes can differ significantly. Torts may arise from negligence or intentional actions leading to personal injury or property damage, and the legal consequence is usually monetary compensation. Crimes, on the other hand, involve a violation of criminal laws and can result in both monetary penalties and other punitive measures, depending on the severity of the offense.

Torts typically involve private parties, and the legal proceedings are initiated by the injured party, seeking compensation for the harm suffered. Crimes involve public interest and are usually initiated by governmental authorities, aiming to maintain public order and safety by punishing the offender.

The burden of proof in torts and crimes is also different. In a tort case, the plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant caused the harm. In criminal cases, the prosecution must prove the crime beyond a reasonable doubt, a much higher standard, to convict the accused.

In essence, torts serve to provide relief to injured parties for harms caused by others and to assert and protect the rights of individuals, whereas crimes are viewed as offenses against the societal order and are dealt with to maintain law and order and to deter potential offenders.