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Regarding fault, tort law is different from criminal law in that ______

A. under tort law, a plaintiff may recover even if the tortfeasor is not involved in intentionally wrongful conduct
B. under tort law, a plaintiff may only recover if a wrongful act has been committed by the defendant
C. under tort law, a plaintiff may recover only if the defendant had a deliberate desire to do harm
D. under tort law, a tortfeasor may only be held liable if he or she did not observe all possible precautions

1 Answer

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Final answer:

In tort law, a plaintiff can recover damages even if the defendant did not intentionally engage in wrongful conduct, which differs from the punitive focus of criminal law, where intent and thorough proof are often required. The correct option is A.

Step-by-step explanation:

Differences Between Tort Law and Criminal Law

Regarding fault, tort law is different from criminal law in that under tort law, a plaintiff may recover even if the tortfeasor is not involved in intentionally wrongful conduct.

This is because the focus of tort law is on compensating the victim for harm suffered, rather than on punishing the wrongdoer.

Tort law includes instances of negligence where the tortfeasor may not have intended to cause harm but failed to act with the level of care that a reasonable person would in a similar situation, leading to injury or damage to another party.

Tort law operates on the principle of restoring the injured party to the position they would have been in if the tort had not occurred.

This contrasts with criminal law, where the intent and the severity of the act are critical, and the aim is to punish the offender to protect society and deter future criminal behavior.

The standard of proof in tort cases is also lower than in criminal cases; it requires a preponderance of the evidence rather than proof beyond a reasonable doubt. The correct option is A.

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