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Intro:
The Law of tort may be defined as that branch of law which is
concerned with the prevention of losses in society. So tort may provide a
remedy when one individual has caused harm or loss to another. Thus cases
must be brought by individuals against other individuals (or companies or
groups of people), as opposed to criminal cases where cases are usually
brought by the state against individuals.
Many acts which cause harm may be both criminal and tortious.
Violence against the person is the most obvious example of an action which
is at the same time a crime and a tort. Tort law and criminal law often
overlap, therefore. For example, if A attacks and rapes B, this is clearly a
crime, and a criminal prosecution may be brought against A. B, however,
can bring an independent action in tort, the tort of assault and battery,
Introduction To Tort 2
against A, and the court can award her damages for her injuries both
physical and mental.