In that case, ideally tort law would provide a monetary remedy to the plaintiff, while criminal law would provide rehabilitation for the defendant, while also providing a benefit to society by reforming the defendant who committed assault.
Some actions are punishable under both criminal law and tort law, such as battery. For example, gross negligence that endangers the lives of others may simultaneously be a tort and a crime. 2 Some acts may provide a basis for both tort and criminal liability. Torts are distinguishable from crimes, which are wrongs against the state or society at large. The main purpose of criminal liability is to enforce public justice. In contrast, tort law addresses private wrongs and has a central purpose of compensating the victim rather than punishing the wrongdoer. Distinguishing Torts from Other Bases of Liability The party seeking an injunction typically must prove that it would suffer considerable or irreparable harm without the court's intervention. In some cases, injured parties may bring suit to obtain an injunction rather than monetary relief. For example, in a case against a manufacturer for a defectively manufactured product, a court may award punitive damages to compel the manufacturer to ensure more careful production going forward. When the court has an interest in deterring future misconduct, the court may award punitive damages in addition to compensatory damages.
Thus, courts may award damages for incurred as well as expected losses. 10 Compensatory damages are typically equal to the monetary value of the injured party's loss of earnings, loss of future earning capacity, pain and suffering, and reasonable medical expenses. In the vast majority of tort cases, the court will award compensatory damages to an injured party that has successfully proven his or her case. In certain cases, courts will award punitive damages in addition to compensatory damages to deter further misconduct. Injured parties may bring suit to recover damages in the form of monetary compensation or for an injunction, which compels a party to cease an activity. The law recognizes torts as civil wrongs and allows injured parties to recover for their losses. There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts. Rather, in strict liability cases, courts focus on whether a particular result or harm manifested. Negligent torts occur when the defendant's actions were unreasonably unsafe. Unlike intentional and negligent torts, strict liability torts do not depend on the degree of care that the defendant used. Torts fall into three general categories: intentional torts ( e.g., intentionally hitting a person) negligent torts ( e.g., causing an accident by failing to obey traffic rules) and strict liability torts ( e.g., liability for making and selling defective products - s ee Products Liability). Intentional torts are wrongs that the defendant knew or should have known would result through his or her actions or omissions. Although tort law varies by state, many courts utilize the Restatement of Torts (2nd) as an influential guide. Judges, in interpreting the language of statutes, have wide latitude in determining which actions qualify as legally cognizable wrongs, which defenses may override any given claim, and the appropriate measure of damages. The boundaries of tort law are defined by common law and state statutory law. Less common remedies include injunction and restitution. Typically, a party seeking redress through tort law will ask for damages in the form of monetary compensation. Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss. The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a loss or detriment in fact that an individual suffers. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.