Differences

Differences between Tort and Criminal Law Criminal law serves to punish an offender who contravenes the established codes of behaviour in society Retribution Tort Law does not try to punish the offender as much as offer compensation to the victim Restitution Unlike in criminal law where intent is necessary to convict for most crimes, tort law does not

Judgments in Tort Law are based on balance of probabilities Who has the most likely story Tort Law is not codified like criminal law (Criminal Code of Canada) as such it is more open to precedence As societal views on an issue change Tort Law can reflect this more easily  Wearing bicycle helmets or seat belts The major division of Tort Law is on the issue of intention It serves to establish who should be held responsible and how someone will be compensated