Short answer: A tort is a violation of civil law that injures someone else.

There are two main types of law – criminal and civil:

  • Breaking a criminal law is a crime. 
  • Breaking a civil law is (usually) a tort.

When someone commits a crime, the government can prosecute them in criminal court.

With torts, the injured person can sue to receive money, or a court order.

For example, if someone borrows a car and sells it to someone else, that could be a crime. It could also be a tort because it injures the car owner.

The car owner could sue for money (the cost of replacing the car), or a court order (ordering the person who borrowed the car to return it). With a court order, the car owner can get law enforcement or a recovery agent to repossess it.

Are torts and crimes the same thing?

No, they are different. 

There are two main areas of law: 

Criminal laws

  • Criminal laws are also called penal laws.
  • Penal means it relates to punishment.
  • Criminal laws set limits and allow the government to punish violations.

Civil laws

  • Civil laws are related to interactions between people, instead of the government.
  • Civil laws cover a number of areas, including:

Contracts

Contracts are one example of civil law. If you buy a car, you form a contract with the seller. That contract is governed by civil law.

Marriage and Family Law

Laws that deal with marriage, child custody and adoption are also civil law.

Personal Injury Law

When someone injures another person – through carelessness, or intentional behavior, this is known as a tort. This includes damage to a person’s personal property.

This area of law is known as personal injury law, and it is a type of civil law.

The injured person can file a lawsuit for the tort and ask to receive money or legal protection to deal with the injury. 

What’s the Difference Between a Tort and a Crime?

Torts

  • Torts are addressed by the victim (known as the plaintiff), who brings a lawsuit against the person or company that caused the harm (known as the defendant).
  • The defendant who committed a tort may have to pay money or take steps to repair or compensate the plaintiff’s damages.
  • A tort must be proven in court by a “preponderance of the evidence.” This means the plaintiff must show it is more likely than not that the defendant committed the tort. Some legal experts have referred to this as proving it at least 51% likely.

Crimes

  • Crimes are addressed by the government.
  • Law enforcement officials prosecute the person who committed the crime (called the “defendant.”)
  • The defendant who committed a crime may be punished with prison, or fines paid to the government.
  • A crime must be proven by the prosecutor in court “beyond a reasonable doubt.” This is a much higher standard than for a tort in civil law. The judge or jury must feel that it is almost certain the defendant committed the crime. Some legal experts refer to this as being 98-99% likely.

 

Is it a tort to break a contract?

Not usually. Contract laws and tort laws are usually separate, and have different rules for determining if the law was broken and what the appropriate consequences are.

Violating a contract is called a breach of contract. 

For example, imagine someone signs a contract to remove asbestos from your house, and then decides it would be too difficult and refuses to remove it.

That is probably a breach of contract, because it breaks the agreement you both made.

If you sue in court, you can probably recover the money it would cost you to find someone else to remove the asbestos.

But their refusal to honor the contract is probably not a tort.

If a person deceptively tells you that they removed the asbestos, but really did not do so, that is probably a tort. This is the law recognizing that lying or harming someone is worse than just not being able to fulfill a contract.

With a tort, in addition to the money you have to spend to remove the asbestos, you might also be able to sue for punitive damages – money designed to punish the person who lied about removing asbestos. Punitive refers to punishment.

The Difference Between a Tort and Contract Breach

Both a tort and breach of contract violate a person’s rights, and both are addressed in civil court (instead of criminal court). However there are some important differences.

Breach of Contract

  • A breach of contract is a broken promise made from one party to another.
  • The duty is usually created by the contract itself – an agreement between the parties.
  • Compensation for a breach of contract is limited to the actual losses experienced by the plaintiff. You usually cannot recover more money than you lost because the other party broke the promise in the contract.

Tort

  • A tort is a violation of legal rights, or a breach of a duty.
  • With a tort, the duty is usually created by law (a statute) or because of a relationship between the parties (e.g., a doctor owes patients a duty of care).
  • Tort recovery can include punitive damages (known in some states like Texas as exemplary damages). This money can exceed the actual injuries to the plaintiff.
  • Punitive damages are designed to punish the defendant. They are also called exemplary damages because they are “making an example” of the defendant.
  • The punishment deters the defendant and others from committing the same tort in the future.

If you have been injured because of someone else’s behavior, you may be the victim of a tort. Contact a personal injury attorney to discuss the facts of your case.

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