How Is A Crime Different Than A Tort? Essay Sample
It is the responsibility of the government to instigate and implement laws to protect its citizens against unlawful acts and injuries. These laws apply and differ whether the committed offense is a tort or a crime. An illegal act that restricts another property or individual refers to a tort. On the other hand, any wrongful behavior defined by the federal government or the state refers to a crime . The defendant is the perpetrator, whereas, the plaintiff is the victim in both tort and crime cases. The objective of filing a crime is to reprimand the criminal, while, in the case of torts, the victim seeks for compensation based on damaged experienced. From the crime perspective, the theory of offense is for the public interest, however, in the case of tort, it is a private interest or the victim’s concern alone. Based on 6th Amendment, the defendant has the right to jury when he or she commits a crime, however, the 7th Amendment sometimes allow this in the case of tort .
Compare Intentional Tort and Negligence.
Torts cases mainly intend to offer assistance based on the damages or injuries incurred during the event of wrongful act experienced by the plaintiff. Torts fall into three categories that include intentional tort, strict liability tort or negligent tort. Intentional tort has a direct purpose upon which the perpetrator acts towards his victim. The element of intentional tort includes trespassing to property, assault, offensive interaction, fraud, misrepresentation or wrong imprisonment. In this type of tort, there is a strong desire to bring harm against another person, therefore, consequences will follow. Meanwhile, negligence results to pain, injury or suffering, damage of property or medical expenditures . On the other hand, a negligent tort has an element of failure to perform with attention and care, thus, resulted to crime. Analyzing negligence as a form of crime involves looking into duty, damage, causation and the limitation of the state.
What is the relationship between Breach of Duty and Standard of Care?
Standard of care refers to the extent of rational person perform to reduce a risk. Gauging of standard of care varies according to the facts of case. If proven that during the duration of an event or a crime, a sensible person fails to act or perform according to the standard of care, he or she commits a breach of duty because of failure to respond accordingly. Breach of duty also covers neglect of moral, ethical and legal obligation. In order to prove that there is breach of duty, a person goes thru test alongside defined standard of care, and this varies according to the elements of the case .
In Strict Liability cases, why does the Defendant try to convince the Court that it is a Negligence case and not a case of Strict Liability?
In the case of strict liability crimes, the defendant or the person persecuted holds the responsibility of causing loss and damages as a result of his actions. Most of this strict liability case is common in strict product liability case. It is the responsibility of the manufacturer or the producer of the product to warn his or her clients with regard to possible risk of using a product. If this did not happen, the defendant faces a court charge under strict product liability. Mostly, the defendant of the crime claims that the event is a negligent act and not an instance of strict liability so that the court may simplify its decision, or if possible, overturn the charged liability against the defendant. In the event that such matter proves to appear of as a deed of negligence, his or her legal liability can potentially become avoided. The defendant’s claim that such is a negligence case is his protection against the plaintiff’s claim .
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