The differences between Tort and Crime are as follows:
TORTS
Right
In Torts, there is an infringement of the private/personal/civil rights.
Remedy
A Tort is a civil wrong and the remedy for which is an action for un-liquidated damages that is by the way of financial or monetary compensation which is paid by the wrong-doers to the injured party.
Procedure
A civil wrong is one which gives rise to civil proceedings. There would be no F.I.R in this case.
Ali Vs Hassan
Plaintiff Defendant
Injured party suit a file
With drawl of case
In Tort, you can withdraw the case at any stage and can compromise with other party.
CRIME
Right
In criminal law, there is an infringement of public rights because crime is considered an offence against the community.
Remedy
A crime is a wrong for which the common remedy is punishment and the decision would be made by Court or state.
Procedure:
Criminal proceedings are those which have for their object the punishment of the defendant for some act of which he is accused.
State Vs. Hassan
Complainant Accused
Whatever can file a case
With drawl of case
In crime, you cannot withdraw the case by yourself but with the decision or help of the court. You can compromise but with the orders of court otherwise not.
Who cannot be sued and sue
State and its Officers
They cannot be sued but only in England not in Pakistan or India. They think that King cannot do any wrong that is why they cannot be sued. But in Pakistan state and its officers can be sued.You cannot sue against the sovereign on Pakistan. There will be no civil proceedings against the President but only in office terms but criminal proceedings can be done against him.
Foreign Sovereign
Foreign sovereign cannot be sued in civil or criminal proceedings be sued in International Court of Justice.
Ambassadors
Ambassadors cannot be sued in any criminal or civil proceedings in the country in which they are sent. There is no immunity for them in their sending states.
Public Officials
All public officials cannot be sued in their representative capacity for Torts committed by them or by their sub-ordinates. They can be sued in their personal capacity.
Infants and Minor
Infants and minors cannot be sued but only on behalf on their next friend.
Married Women
A married woman cannot be sued but jointly with her husband otherwise not.
Trade Unions
Trade unions have the status like that of corporations, in this respect they cannot be sued if they are registered.
Lunatics
They cannot be sued but in specific situations through their guardian.
“Insanity is good defense in criminal law”.
Corporations
The corporations cannot be sued but one can be sued means that the member of that corporation can be sued not the whole corporation.
Highway Authority
They cannot be sued but in Pakistan they can be sued if they commit any Tort.
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