The purpose of this essay is to discuss the accuracy of the difference between civil and criminal sanctions is that the former are designed to compensate and the latter are designed to punish This essay will draw on examples of both civil and crimin

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The purpose of this essay is to discuss the accuracy of ‘the difference between civil and criminal sanctions is that the former are designed to compensate and the latter are designed to punish’ This essay will draw on examples of both civil and criminal sanctions. Civil remedies generally aim to compensate the wronged party and focus on the victim. Criminal sanctions concentrate on dealing with the offender by punishing them and generally aren’t victim focused.

There are many types of cases that civil law deal with including, family law, contract law, tort, property law, employment law and public law.  

The main differing factor between civil and criminal law is that civil law focuses on making wrongs right. This is generally done by compensating a person who has been wronged in some way i.e. if a contract has been broken or a road traffic accident then the victim can file a civil claim for compensation.

Criminal law deals with punishing the guilty party for their actions rather than compensating the victim.  (Slapper, G pg. 9)

Most claimants who bring a court case against another person in tort or contract are looking for financial compensation to right the wrong that they have suffered.

A sum of money cannot always right the wrong that has been done. There are some things that money simply can’t buy or fix. Enjoyment of life and a career are two examples of this.

A perfect example is in the case of Dr Lim Poh Choo, Brislow, J. (1977) Lim Poh Choo v Camden and Islington Area Health Authority, Court of Appeal, Civil Division. Dr Lim Poh Choo was a senior psychiatric registrar when she needed to have minor gynaecological surgery. Following the operation, Dr Lim Poh Choo suffered a cardiac arrest due to somebody’s failure. The health authority is responsible for this. As a result of the cardiac arrest, Dr Lim Poh Choo was in a coma, following the coma she could not walk or talk. She now has brain damage, has lack of coordination in all four limbs, she’s depressed and withdrawn and has difficulty speaking.

In this example its clear to see that no amount of money can replace what Dr Lim Poh Choo has lost, she has lost quality of life as well as her career.

(Reader 2, reading 25. Pg119)

There are varying types of damages related to personal injury.

One type of compensatory damages is special damages. They are things that the claimant has already lost up to the date of the date of the court case.

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Another type of damages is general damages. These are things like pain and suffering and future loss of earnings. These things cannot be calculated precisely.

Financial losses are known as pecuniary losses, these losses are generally easier to estimate. Non pecuniary losses are harder to judge as they are for things like loss of ordinary pleasures and enjoyment of life and pain and suffering. It’s difficult to judge how much a person’s life has changed in result of a tortious action.

(Slapper, G Pg. 14)

If a contract is broken or not upheld, the wronged party (the ...

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