the basic distinctions between torts, criminal and contract law
..., there are differences between the two above types of civil action. A major difference between contract and tort law is that, in tort law there does not need to be a specific legal agreement between the parties, as is the case with actions under contract. In order to satisfy the requirements of an action in tort law, all the elements of the particular tort must be proven. For example, in the tort of negligence, the plaintiff must prove: firstly, the defendant owed them a duty of care; secondly, the defendant breached this duty and thirdly, the plaintiff suffered a loss that flowed from this breach. An example is a manufacturer not controlling the manufacturing process and allowing a snail to be sealed into a bottle of soft drink. In contract law, there are six elements that must be satisfied in order to have a valid contract these are: the intention to create legal relations; offer and acceptance; consideration; capacity; genuine consent and legality of the object of the contract. A breach of one of these elements may allow an action in contract. An example is where an advertisement for a product has promised a particular effect in its user, but then the product fails to deliver on the promise. In criminal matters an action is initiated by the Crown. The prosecution is required to prove, beyond reasonable doubt, that the accused has committed a wrong prohibited by statute, and in most cases that this was intentional. The outcome may be jail, if found guilty, in order to punish the criminal and/or protect society. If a fine is imposed, it is paid to the state, not an individual harmed by the criminal’s actions. However, there are also provisions for limited amounts of victim’s compensation to be paid in some circumstances (eg, through the Restorative Justice Unit NSW). In order to be criminally liable for an act the criminal must have had: the capacity to commit the offence; must have committed the elements of the offence, the actus reus; must have had the mens rea (basically the wherewithal and the intention) and finally not have any defence for co...