What is a Tort and how does tort liability differ from criminal liability?
Torts are wrongful actions that may result to injuries or harm to another person or the person’s properties. These wrongful actions may provide ground for constitution of claim by the affected party. The main goal of tort law is to provide relief in case of damages sustained and, prevent others from committing related actions (Simons, n.d.).
Tort liability and criminal liability have substantive differences. While tort liability may result in punishment that mainly involves monetary payment of damages, criminal liability may result in punishment that involves both jail terms and, monetary payments. Additionally, in determining criminal liability, the proportionality principle is applied unlike in tort liability. The principal dictates that the punishment given should fit the crime. In tort law, compensation is always considered the remedy, irrespective of the nature of the wrong. Finally, when instituting criminal liability, the consent of the victim is neither sufficient nor necessary for prosecution to commence. It is the state’s responsibility to prosecute any violation of the criminal law. On the other hand, when instituting tort liability, it is the responsibility of the victim to either bring forth the tort claim or ignore (Simons, n.d.).
Explain the four elements that must be present for Tort liability to be satisfied.
There are four elements of tort law that must be satisfied in order to claim damages. The elements are duty, breach of duty, causation and, injury. According to tort laws, duty refers to the social responsibilities of others based on the societal cultures, safety and mutually accepted norms of the society. People should be responsible for their actions since any reckless behavior may result to injury to another party; hence it is an individual’s duty to behave responsibly.
During tort liability, it is vital to establish if the duty outlined above has been breached by the defendant. This will create substantial evidence to commence the case. The breach of duty has to be connected to the injury of the victim, and this is reflected as the causation. In essence, if the duty and the breach of duty had no direct relation to the injury reported then the case is considered null and void. The final element is the injury itself. It is vital for the victim to prove that the actions of the defendant caused financial or physical injuries. All these elements must be present for tort liability to be satisfied.
References
Simons, K. (n.d.). THE CRIME/TORT DISTINCTION: LEGAL DOCTRINE AND NORMATIVE PERSPECTIVES . School of Law. Retrieved April 18, 2014, from http://www.bu.edu/lawlibrary/facultypublications/PDFs/Simons/Crim_Torts_Distinction. pdf
