Distinguish a criminal wrong from a civil wrong
ANSWER
Criminal wrong | Civil wrong |
This is an act or omission committed or omitted in violation of public law. | This is the violation of a persons rights by another. |
It is a wrong against the state. | It is a wrong against a person i.e. human being, corporation or the state. |
Examples include murder, rape, drunken driving, incitement to violence causing death by dangerous driving, incest assault, theft by servant uttering a false document. | Examples include breach of contract, negligence, assault, battery, false imprisonment, defamation, nuisance, passing off deceit, conversion. |
Persons who commit criminal wrongs are generally arrested by the state. They are then charged in a court of law and prosecuted by the state. | The plaintiff sues the defendant for the wrong and must prove his case. |
If convicted they may be fined or imprisoned | Remedies for the plaintiff include damages, injunction, specific performance tracing account, winding up. |
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