Question

Which one of the following is correct?

• A. Tort is a public wrong affecting society
• B. Crime is a civil wrong causing injury to a person or society
• C. The purpose of a tort is to compensate the Government
• D. A tort is generally described as a private wrong

Hint:

Remember that Torts are civil, private wrongs where the remedy is compensation (damages) paid to the victim.
Crimes are criminal, public wrongs where the remedy is punishment (imprisonment or fine) administered by the state.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question requires us to identify the correct statement regarding the nature of a tort and how it differs from crimes.
We need to evaluate each option based on the definitions of public versus private wrongs and the purpose of legal remedies.


Step 2: Detailed Explanation:

• A tort is a civil wrong that is independent of a breach of contract or breach of trust.

• Torts are generally classified as private wrongs because they involve the infringement of the private or civil rights of an individual.

• The remedy for a tort is an action for unliquidated damages, which are paid directly to the injured private party, not to the government.

• Crimes, on the other hand, are public wrongs. They are considered offenses against the state or society as a whole, even if they injure an individual.

• In criminal cases, the state initiates prosecution, and the primary purpose is punishment, deterrence, or rehabilitation, not private compensation.

• Option (A) is incorrect because torts affect individuals and are private wrongs, while crimes are public wrongs.

• Option (B) is incorrect because crime is a public wrong, not a civil wrong.

• Option (C) is incorrect because the purpose of a tort is to compensate the victim, not the government.

• Option (D) correctly describes a tort as a private wrong.



Step 3: Final Answer:
A tort is generally described as a private wrong, which corresponds to Option (D).