CRIM 135 Study Guide - Final Guide: British Columbia Human Rights Tribunal, Criminal Injuries Compensation Authority, Parole Board Of Canada
Document Summary
The remedying of private wrongs; breach of a legal duty. Object of tort law is to compensate victims for the acts done by other individuals, corporations or governments. Liability: whether a person should be financially liable for wrongdoing. Distinguishing characteristics of tort law in contrast to criminal law. There exists a lot of overlap between tort law and criminal law, case in point, assault. You can be criminally culpable for the public wrong of assault, criminally, however, you can also be financially liable under tort law for wrongful damages. Whereas criminal law is concerned with guilt or innocence, tort law considers damages and liability. Mental element: under criminal law, an element of mens rea must be demonstrable, this is not so with tort law, the only thing that requires proving is that the defendant did something intentionally or was negligent.