1.2 Differences between Crime, Tort and Other Civil Wrongs

The tripartite table (the unit's most predictable question): Point Crime Tort Breach of Contract Wrong's nature Public (against society) Private (against the individual) Private (violation of an assumed obligation) Duty's source Law Law (non-consensual) The parties' agreement Who sues The State The injured party The aggrieved party Remedy Punishment (+ possible compensation) Unliquidated damages Damages / specific remedies Standard of proof Beyond reasonable doubt Balance of probabilities Balance of probabilities Settlement Generally not compoundable Settleable Settleable The nuance that earns marks: the same act, all three dimensions — the careless killing is homicide AND a tort against the family AND (a contract driver) a breach; the systems are NOT mutually exclusive, and modern criminal courts award victim compensation (the categories are a spectrum).