On
the dissimilarities between Tort and
Crime, as already been stated above, the objective of the Tort action is to
protect the individual’s acknowledged interest and compensate him for any
damage suffered. The criminal action on the other hand is initiated by the
state in order to protect the collective interest of the state in the peace of
the community and the lives of its citizens. Its purpose therefore is not
compensatory, rather it is punitive against
who has committed the crime
A conviction for a crime is obtained by means
of criminal prosecution, which is usually
instituted by the state through the
agency of the police. A tort on the other hand is a purely civil wrong which give rise civil
proceeding, the purpose of such proceedings been not to punish the wrongdoer
for the protection of the public at large, but to give the individual plaintiff compensation for the
damages he suffered as a result of the
defendants wrong conduct.
Other
differences between Tort and Crime in Nigeria is that the entire criminal law
has be codified in the form of criminal code of the Southern and penal code of
the Northern, whereas the law of torts remain a creation of judicial precedents
modified here and there and by statute. Others include as highlighted below:
1.
Crime is a
public offence, while Tort is a civil or private wrong.
2.
The sanction
associated with criminal law is incarceration or death, while the sanction associated
with tort is monetary damages.
3.
The right of
enforcement belongs to the state in crime, while in tort the right to bring
action belongs to the individual.
4.
Fines awarded in
criminal action goes to the state, while fines awarded in tort action goes to
the individual.
Though, there are thus fundamental difference
between Torts and Crime, it is significant, however that torts and crime both
share some connection with each other. Both areas of law seek to control
people’s behavior by preventing them from acting in an undesirable manner, and
both impose sanctions on those who commit violations of the law. For
instance, TORT OF TRESPASS have strong historical connections with the
Criminal law, and both acts maybe a tort and at the same time a crime. For
instance, assault, imprisonment are both torts and crime. it is important to
illustrate with an instance where a tortuous liability and a crime has been
committed. If A willfully damages B’s
property , he is liable for the crime of
malicious damage to property and for the
tort of trespass to chattel .For this reason, the courts have allowed
some of the victims of a wrongful act the right to bring an action in tort,
apart from the criminal action by the state. This means that the principle of RES
JUDICATA will not generally bar an
action in tort even after the same issue has been litigated in a criminal
action. Also that the conviction or acquittal of the defendant in a prior
criminal action on the same issue is irrelevant.
Even though an act can be a crime and as well
a tort, there is however, a rule known as the rule in SMITH v SELWYN under which, if the wrongful act is a felony, no
action in tort can be brought against the defendant until he has been for the
felony in criminal law. Although the rule in SMITH V SELWYN which has been in
application, recent court decision on the rule have been deviated in the sense
that the mere fact that a criminal case is pending on similar fact may not be an obstacle to the civil suit that may be
instituted on the similar facts. This was expressed in TIKA TORE PRESS LTD vs
UMAR.
In conclusion, I
humbly submit that criminal law usually applies in actions by the government
against an individual who has been
accused of committing a crime. The civil law comes into play when an individual
or group seeks monetary compensation for harmful actions committed by another
individual or group. Also a wrong which is both tortuous and criminal can be instituted by the government in
accordance with the criminal procedure Act
in respect of the crime and at the same time the individual can institute a
civil action in accordance with the civil procedure Act in respect of tort
action of the same act. That is an act can be both a crime at the same time a
tort.
Question: Critically examine the difference between
TORT and CRIME and emphasis on where both confluence
COURSE
: LAW OF TORT
COURE
CODE : CIL 311
BIBIOGRAPHY
The
Nigeria law of torts ---------------BY KODILINYE and ALUKO
TORTS
----------------------------------BY
MICHAL .A . JONES
LAW
OF TORTS -----------------------BY B.A SUSU
STREET
ON TORTS -------------------BYJOHN MURPHY
CRIMINAL
JUSTICE IN AMERICA--BY HUGH.D. BARLOW
TABLE OF CASES
Smith
v Selwyn (1914) 3 K B 98.
Tika
Tore press Ltd v Umar(1968) 2 All N L R.pg 107 at
110
Board
of trade v Owen (1957)AC 602
TABLE
OF STATUTES
Criminal Code
Penal Code
Theft
Act 1960
Police
Act 1897
Powers of criminal court Act 1973