Wrongs in law are generally divided into civil and criminal wrongs based on whom the wrong is committed against. In a civil wrong, the wrong is committed against an individual (including an organization), and the parties to the suit are individuals (plaintiff and defendant). For example, damage to property of a person is a civil case. In criminal wrong, the wrong is committed against the state, and the parties to the suit are the wrongdoer and the state. For example, murder is a crime.
Civil wrongs are broadly divided into torts and breach of contract. Breach of trust is another civil wrong, but it may usually be considered a tort or breach of contract depending on the facts. In breaches of contract, there is a contractual relationship between the parties, and if any party goes against the contract, a civil wrong is committed. In this regard, torts are like crimes, as a tort may be committed against any person and the right against a tort is available against the whole world. The right against a crime is also available against the whole world. This is known as ‘right in rem’ (right against a civil wrong is ‘right in person’). However, there are many distinctive features between torts and crimes which make up the respective wrongs that will be the present subject matter.
A tort is a French word that means ‘wrong.’ Tort law is the division of rule dealing with torts. Legally, a tort is a wrong committed by the defendant against the plaintiff by causing a legal injury to the plaintiff. The plaintiff is the victim who files a tort case against the wrongdoer, who is the defendant. Therefore, a tort can be viewed as a private infringement of the civil rights of a particular person or his/her property. The remedy to the plaintiff for the injury suffered is usually monetary compensation by the defendant.
The intention is not of much relevance in torts. A tort may be committed even unintentionally or negligently but what is essential in a tort is that the victim suffered a legal injury due to the wrongdoer’s act. Torts are still divided into intentional and unintentional torts. The effect of both kinds of torts is the same, that is, legal injury is caused to the plaintiff, but intentional torts are regarded as more serious offenses as the wrongdoer had a malicious intent of causing damage. There are different kinds of torts depending on the kind of injury they cause. However, there are four essential elements to constitute any tort which are described in the following:
Duty of care: The law imposes a duty of taking reasonable care while doing any act which may cause harm to any other person. For a tort action, the plaintiff must attest that the defendant had the obligation of concern toward him/her.
Breach of the duty: The defendant must have breached the duty he/she owes toward the plaintiff. Usually, the plaintiff must show that the defendant has failed to take reasonable care to prevent the injury caused to him/her or that the defendant acted negligently.
Legal injury: The plaintiff must have suffered a legal injury to claim a tort against the defendant. For example, the client must have faced a financial loss because of acting on the lawyer’s advice. If there is no loss or injury, the defendant will not be liable, even if there is a breach of duty.
Causation: The plaintiff must prove that the damage was a straight source of the wrongful act or the defendant’s negligence. There is no tort if there is a breach of duty by the defendant and loss to the plaintiff, but the breach of duty did not cause the loss.
What are Crimes?
The word crime is derived from the Greek word ‘krimos,’ which means social order. It also means ‘to accuse’ in Latin. Therefore, a crime may be viewed as an accusable act against the social order. Crimes are unfair that harms the entire society and not a particular person. Although a crime is committed against an individual, the state prosecutes the criminal because the crime affects society, and the state has to protect society. Criminal law is the law dealing with crimes.
There are two essential elements in a crime: ‘mens rea’ and ‘actus rea.’ Mens rea is Latin for criminal intent. If a person has committed a wrongful act but did it by mistake or negligently, then the act may not be considered a crime. Actus rea is Latin for criminal activity. It is only natural that there must be a wrongful act for the constitution of crime. Both the elements must simultaneously be present. Therefore, for a crime, the criminal must have intentionally committed the wrongful act against the state’s law.
A crime is categorized as committed against the federal criminal code or a state criminal code. Often, there is an overlap due to the nature of the crime as it violates both the federal criminal code and the state criminal code, in which case, the federal system generally lets the state take care of the offense. A federal criminal code is also important as sometimes, an act that is lawful in one state could be considered unlawful in another state, in which case the federal criminal code is referred.
Comparison between Torts and Crimes
The following are the distinctive features between torts and crimes:
Torts affect a particular person or their property. Crimes affect society as a whole as a criminal with criminal intent is dangerous to the whole society.
In a tort, the parties to the suit are the victim and the wrongdoer. The state prosecutes the criminal in a crime, so the parties are the state and the criminal.
In a tort, there is a requirement of harm caused to another person to constitute a tort. There is no such requirement in a crime, and an action may be a crime even if the act does not cause any harm or if the wrongdoer causes harm to himself/herself.
The sanctions against a tort are compensation to be provided for the loss caused to the victim. The sanctions against a crime are much harsher, such as fines, loss of liberty, or even loss of life.
The intention is almost irrelevant in a tort, and most torts are caused by negligence. In a crime, the intention is an essential element without which there is no crime. Consequently, the range of acts that can be considered a crime is much more comprehensive than tort, as only a limited number of acts can be caused negligently.
Tort law considers the victim’s acts and behavior to determine the sanction against the wrongdoer. Even if the victim also committed a wrongful act in a crime, the sanction against the wrongdoer will not be affected.
Tort law is mainly based on common law doctrines and the judgments of the court. Criminal law is primarily statutory, and the crimes are listed explicitly in the legislation.
Get Professional Assignment Help Cheaply
Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?
Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.
Why Choose Our Academic Writing Service?
- Plagiarism free papers
- Timely delivery
- Any deadline
- Skilled, Experienced Native English Writers
- Subject-relevant academic writer
- Adherence to paper instructions
- Ability to tackle bulk assignments
- Reasonable prices
- 24/7 Customer Support
- Get superb grades consistently
Online Academic Help With Different Subjects
Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.
Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.
While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.
Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.
In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.
Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.
We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!
We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.
Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.
What discipline/subjects do you deal in?
We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.
Are your writers competent enough to handle my paper?
Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.
What if I don’t like the paper?
There is a very low likelihood that you won’t like the paper.
- When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
- We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.
In the event that you don’t like your paper:
- The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
- We will have a different writer write the paper from scratch.
- Last resort, if the above does not work, we will refund your money.
Will the professor find out I didn’t write the paper myself?
Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.
What if the paper is plagiarized?
We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.
When will I get my paper?
You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.
Will anyone find out that I used your services?
We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.
How our Assignment Help Service Works
1. Place an order
You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.
2. Pay for the order
Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.
3. Track the progress
You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.
4. Download the paper
The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.
PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!