No.
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Tort
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Crime
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1)
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Tort is infringement
of a private right or civil right of an individual i.e. it is a private wrong
or harm affecting the interest of private individual.
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Crime is a breach
of invasion of public rights and duties or invasion of public rights and
duties affecting the society at large e.g. it is a social harm
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2)
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In Torts, intention
is immaterial to hold a person responsible for civil wrong mens rea e.g. Guilty mind is not required.
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In crime,
intention is important. Without mens rea there is hardly any crime to hold a
person responsible for a crime usually mens rea i.e. guilty mind or mental
element is necessary.
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3)
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The purpose of
law of torts is compensate the victim i.e. The wrongdoer has to compensate
the injured party.
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In crime the
purpose is to punish the offender. The offender is punished by the state in
the interest of the society and with the aim to deter the offender from committing
it again.
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4)
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The parties in a
civil suit for tort are individuals i.e. Individual v/s Individual.
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In case of crime
the state is always a party, as the state takes an action against the
wrongdoer as crime is a public wrong. Therefore, it is State v/s Individual.
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5)
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The yardstick for
measuring liability in torts is the magnitude of harm caused. The greater the
harm, greater is a the amount of compensation awarded/ to be paid.
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In crime, while
deciding the punishment to be given to the offender three factors are taken
into accounts. A) The character of offender, his past record , whether he has
committed the offense for the first time or is he a repeater
B) Motive of
Wrongdoer.
C) Magnitude of
harm caused. If Rs.1000/- is stolen the harm is different than when Rs.100000/-
are stolen.
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6)
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In torts action
is brought by an injured party and the tort feasor is sued in a civil court.
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In crime, the
proceedings are conducted in the name of the state and the guilty person is
punished by the state. The guilty person i.e. criminal is prosecuted in a
criminal court.
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There are some acts or sets of circumstances which amounts to torts as
well crime like assault , libel, mischief to prop etc.
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