Odger's English Common Law

BOOK III.—TOBTS.
Chapter I.
PRIVATE RIGHTS OF ACTION.
So far we have dealt with Criminal Law—that branch
of the law by which the State publishes its positive commands
and prescribes the punishment to be meted out to
those who disobey them. Such commands are issued and
such punishments inflicted in the interests of society at large,
and in order to prevent any repetition of the acts forbidden.
But there is another point of view to be considered. An act,
which is prejudicial to society at large, is generally also
specially injurious to some particular individual, who should
be compensated by the criminal for the injury done him.
Again, there are many minor wrongful acts which the State
regards with disfavour, but does not deem deserving of fine
or imprisonment ; these acts the State forbids, but not in the
same direct and positive manner as that in which it forbids
criminal acts. The State gives to the individual injured the
right to sue for compensation, but leaves it to him to decide
whether he will exercise this right or not. Such a claim for
compensation is the only punishment which the law imposes
for wrongful acts which are not in their nature criminal.
Every wrongful act, whether criminal or not, which entitles
the person injured by it to sue for compensation, is called
a tort.
Civil obligations also arise when private individuals volun-
tarily enter into contracts. If a contract be enforceable at
law and either party to it neglects or refuses to perform his
part of it, the other party is entitled to compensation, which
he can obtain by means of an action. A breach of contract,