The tripartite comparison (the unit's most predictable tabular question):
| Point | Crime | Tort | Breach of Contract |
|---|---|---|---|
| Nature of wrong | Public wrong (against the State/ society) | Private wrong (against an individual) | Private wrong (violation of a voluntarily assumed obligation) |
| Source of duty | Imposed by law, regardless of consent | Imposed by law (non- consensual) | Created by the parties' agreement |
| Plaintiff/ prosecutor | The State (public prosecutor) | The injured party | The aggrieved party |
| Remedy | Punishment (imprisonment, fine) + possible compensation | Unliquidated damages (compensation for the harm) | Damages (expectation/ compensation) or specific remedies |
| Purpose | Punish, deter, protect society | Restore the victim (compensate) | Enforce the bargain / put promisee in expected position |
| Point | Crime | Tort | Breach of Contract |
|---|---|---|---|
| Standard of proof | Beyond reasonable doubt | Balance of probabilities | Balance of probabilities |
| Consent of parties to the wrong | Consent of victim generally no defence (state prosecutes regardless) | Consent of plaintiff is a defence (volenti) | Consent is of the essence — the breach is of consented obligation |
| Terminating the proceeding | Generally not compoundable except as law permits (compoundable offences may be settled) | Parties may settle (compromise) any time | Parties may settle (waive) any time |
Intersections to note (the marks-earning nuances):
• The same act, all three dimensions: a driver's careless killing is homicide (or a traffic crime) and a tort against the victim's family and — if he was a contract driver — a breach of his employment contract. One act, three liability systems, not mutually exclusive;
• "Overlapping sanctions" in modern law: criminal courts awarding victim compensation (the 2074 Code's compensation provisions); tort-like restitution; punitive damages blurring tort with punishment — the categories are ideal types, modern practice is a spectrum;
• Why the differences matter procedurally: the criminal standard of proof is higher because liberty is at stake; the State cannot compromise the public interest at will.