WHAT IS CRIMES AND TORT?

     Before highlighting the difference and similarities between Tort and Crime, it is imperative ,we understand the meaning of both Tort and Crime.

    Crime was defined under section 2(1) of the Criminal Code as “An Act or Omission which the person doing the act or making the omission is liable to punishment under this code or under any Act or Law”.

Section 3(1) of the Penal Code also contains a similar provision on the definition of Crime .It defines it as “Every act or omission contrary to the provision thereof which he shall be guilty within northern Nigeria”. The definition of crime also came from the English case of Board of trade v Owen an unlawfully act or default which is an offense against the public and renders the person guilty of the act liable to legal punishment.

 Generally a Crime is a wrong committed by one member of the society against another which is to be punished according to the criminal law of the country. On the other hand, some scholars such as KODILINYE,STREET and  Prof. WILFRED have attempted to define Tort. According to Prof. Wilfred, Tortuous liability arises from a breach of duty primarily fixed by law, this duty is owned towards person generally and if breached redress able  by an action or unliquidated  damages.

     B .A. SUSU defined TORT as that aspect of law which is concerned with the nature and extent of unliquidated  civil liabilities with reference to injuries to his person or property. Also Tort can be defined as A legal wrong against a person of a civil nature arising independently of contract which is the of the breach of a legal duty owned to the person for which the person can seek redress by way of a claim for unliquidated damages from the party in the wrong. 

Question: Critically examine the difference between TORT and CRIME and emphasis on where both confluence

COURSE :               LAW OF TORT

COURE CODE :      CIL 311

                                             BIBIOGRAPHY

The Nigeria law of torts  —————BY   KODILINYE and ALUKO

TORTS  ———————————-BY MICHAL .A . JONES

LAW OF TORTS  ———————–BY B.A   SUSU

STREET ON TORTS ——————-BYJOHN MURPHY

CRIMINAL JUSTICE IN AMERICA–BY HUGH.D. BARLOW

                            TABLE OF CASES

Smith v Selwyn (1914)  3 K B   98.

Tika Tore press Ltd v Umar(1968) 2 All N L R.pg 107 at

110

Board of trade v Owen (1957)AC 602

TABLE OF STATUTES

Criminal   Code 

Penal  Code 

Theft Act 1960

Police Act 1897

Powers of criminal court Act 1973