Yet in the majority of accidents fault cannot be proved, and tort law serves no useful purpose. In order to understand what tort law is, it is useful to briefly distinguish it from those branches of the law with which it bears some resemblance, namely contract law and criminal law . A person who has been injured, or has suffered financial loss, or has suffered damage to his property, may have been in contractual relations with the wrongdoer, having paid for a particular service or product, or promise to perform. Such a person may have a right to sue for compensation under the contract if it was not performed according to its terms. Tort law is not concerned with this kind of a right.
Tort law enforces duties independent of promises.
The right to sue in tort is not dependent on prior agreement, nor on a prior payment of money. A person may suffer injury or property damage as a result of a violation of the criminal law. This kind of conduct is often very similar to that of some torts. However, criminal law is primarily concerned with deterring such conduct and punishing a wrongdoer through the imposition of a prison sentence or other penalty. Tort law is not primarily concerned with any of these, but with compensation of the victim for damage or injury suffered.