Before highlighting the difference and similarities
between Tort and Crime, it is imperative ,we understand the meaning of both
Tort and Crime.
Crime
was defined under section 2(1) of the Criminal Code as “An Act or Omission
which the person doing the act or making the omission is liable to punishment
under this code or under any Act or Law”.
Section
3(1) of the Penal Code also contains a similar provision on the definition of
Crime .It defines it as “Every act or omission contrary to the provision
thereof which he shall be guilty within northern Nigeria”. The definition of
crime also came from the English case of Board of trade v Owen an unlawfully
act or default which is an offense against the public and renders the person
guilty of the act liable to legal punishment.
Generally a Crime is a wrong committed by one
member of the society against another which is to be punished according to the
criminal law of the country. On
the other hand, some scholars such as KODILINYE,STREET and Prof. WILFRED have attempted to define Tort. According
to Prof. Wilfred, Tortuous liability arises from a breach of duty primarily
fixed by law, this duty is owned towards person generally and if breached redress able by an action or unliquidated damages.
B .A. SUSU defined TORT as that aspect of
law which is concerned with the nature and extent of unliquidated civil liabilities with reference to injuries
to his person or property. Also Tort can be defined as A legal wrong against a
person of a civil nature arising independently of contract which is the of the
breach of a legal duty owned to the person for which the person can seek
redress by way of a claim for unliquidated damages from the party in the wrong.
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