Law Info Nepal

3 Difference between Crime, Tort and Breach of Contract

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

The tripartite comparison (the unit's most predictable tabular question):

PointCrimeTortBreach of Contract
Nature of wrongPublic wrong (against the State/ society)Private wrong (against an individual)Private wrong (violation of a voluntarily assumed obligation)
Source of dutyImposed by law, regardless of consentImposed by law (non- consensual)Created by the parties' agreement
Plaintiff/ prosecutorThe State (public prosecutor)The injured partyThe aggrieved party
RemedyPunishment (imprisonment, fine) + possible compensationUnliquidated damages (compensation for the harm)Damages (expectation/ compensation) or specific remedies
PurposePunish, deter, protect societyRestore the victim (compensate)Enforce the bargain / put promisee in expected position
PointCrimeTortBreach of Contract
Standard of proofBeyond reasonable doubtBalance of probabilitiesBalance of probabilities
Consent of parties to the wrongConsent 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 proceedingGenerally not compoundable except as law permits (compoundable offences may be settled)Parties may settle (compromise) any timeParties 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.

यही युनिटका अरू उत्तर

नोट AI-सहयोगमा बनेका हुन्; मुद्दाको नाम, मिति र धारा पाठ्यपुस्तक र नेपाल कानून पत्रिकासँग आफै जाँच्नुहोस्।

← अरू प्रश्न खोज्नुहोस्