The short answer
A tort is a civil wrong against a private person, resolved in civil court, where the remedy is usually money damages paid to the victim. A crime is a wrong against society, prosecuted by the state in criminal court, where the outcome can include fines, probation, or imprisonment. The same act — for example, an assault — can sometimes be both a tort and a crime, but the two cases are tried separately under different rules.
What is a tort?
A tort is a civil wrong — an act or omission that causes harm or loss to another person and gives that person the right to sue for compensation. Torts are part of civil law and are largely developed through judge-made common law, supplemented by statute.
Torts fall into three broad categories:
- Intentional torts — such as battery, false imprisonment, or defamation.
- Negligence — careless conduct that falls below a reasonable standard of care, such as a car accident caused by inattention.
- Strict liability torts — liability without fault, applied in narrow areas such as defective products or certain hazardous activities.
The injured party (the plaintiff) brings the case against the defendant. The standard of proof is the balance of probabilities (also called preponderance of the evidence). If the plaintiff succeeds, the court typically orders damages, an injunction, or another civil remedy.
What is a crime?
A crime is conduct that the state has prohibited by statute and treats as an offence against society as a whole. In Canada, crimes are codified primarily in the Criminal Code; in the United States, in federal and state criminal codes; in the United Kingdom, in a combination of statutes and remaining common law offences.
Crimes are prosecuted by the Crown, government, or prosecutor — not by the victim — and the standard of proof is beyond a reasonable doubt, the highest standard in law. A conviction can result in a fine, probation, a conditional or absolute discharge, imprisonment, or other criminal sanctions, and creates a criminal record. Most crimes also require proof of a guilty mind (mens rea) in addition to the prohibited act (actus reus).
Key differences between tort and crime
| Feature | Tort | Crime |
|---|---|---|
| Nature of wrong | Civil wrong against an individual | Public wrong against society |
| Who brings the case | The injured party (plaintiff) | The state or Crown (prosecutor) |
| Court | Civil court | Criminal court |
| Standard of proof | Balance of probabilities | Beyond a reasonable doubt |
| Primary purpose | Compensate the victim | Punish the offender and deter others |
| Typical outcome | Damages or injunction | Fine, probation, imprisonment |
| Source of law | Mostly common law, plus statutes | Primarily statutes (criminal codes) |
| Mental element | Often not required (e.g., negligence) | Usually required (mens rea) |
| Record created | No criminal record | Criminal record on conviction |
When the same act is both a tort and a crime
A single act can give rise to both criminal and civil proceedings, because each system serves a different purpose. Common examples include assault, theft, fraud, and dangerous driving causing injury.
The criminal case, brought by the state, asks whether the accused should be punished. The civil case, brought by the victim, asks whether the wrongdoer should compensate them for their loss. The two cases are independent: a person can be acquitted in criminal court (because the prosecution did not prove guilt beyond a reasonable doubt) and still be held liable in civil court (because the lower civil standard was met). The reverse is also possible. This is why high-profile cases sometimes end with no criminal conviction but a substantial damages award.