Difference between Tortious liability and Criminal Liability

Q. How does tortious liability differ from criminal liability? [4 marks - 2022]

Difference between Tortious liability and Criminal Liability

Tortious liability, or tort law, aims to compensate victims of wrongful acts, while criminal liability aims to punish people who commit crimes

In tort cases, the victim seeks compensation for damages suffered, whereas crimes involve punishment imposed by the state. Liability in tort is often determined based on negligence or fault, while criminal liability requires proof beyond a reasonable doubt.

Tortious liability has a broader scope than contractual liability when it comes to compensation, as it is based on the foreseeable and unforeseeable harm. Contrarily, contractual liability's compensation is limited to the elements of damage that could have been foreseeable at the time of concluding the contract.