1. Ответьте на вопросы:
1. What civil offences can you name?
2. What types of torts can you name?
3. What remedies is the injured person entitled to under the law?
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TEXT 1
What Is a Tort?
Vocabulary
1. to inflict – причинять ущерб, вред, наносить удар
2. to injure – причинять вред, нарушать права, оскорбить, обидеть
3. to restrain – ограничивать, запрещать
4. to fail to do – smth/not to do smth – не исполнять
5. failure – неисполнение, неудача, неблагоприятный исход
6. damage – ущерб, убытки
7. damages – компенсация ущерба
8. fraudulent misrepresentation – намеренное введение в заблуждение
9. liability/responsibility – ответственность
10. expected losses – ожидаемые убытки
11. defective products – недоброкачественные продукты
2. Прочитайте и переведите текст.
Generally speaking, a "tort" is an injury one person or entity inflicts (accidentally or intentionally)
upon another. When one person commits a tort upon another, the injured person is entitled to remedies
under the law. Generally, these remedies can include monetary compensation and restraining orders.
The person who brings the lawsuit is called the "plaintiff," and the person who is sued is called the
"defendant." The area of tort law is often referred to as "personal injury" law. Most torts involve, in
some part, the doctrine of "negligence." The concept of negligence can generally be describes as (i) the
failure of one person to act in a way we would expect that person to do under the circumstances and
(ii) an injury which results from that failure.
A tort is a civil wrong that can be remedied by awarding damages (other remedies may also be
available). These civil wrongs result in harm to a person or property that forms the basis of a claim by
the injured party. The harm can be physical, emotional or financial. Examples of torts include medical
negligence, negligent damage to private property and negligent misstatements causing financial loss.
There are many specific torts, such as trespass, assault and negligence.
Business torts include fraudulent misrepresentation, interference in contractual relations and
unfair business practices. Torts fall into three general categories: intentional torts (e.g. unfair
competition), negligent torts (e.g. causing an accident by failing to obey traffic rules) and strict liability
torts (e.g. liability for making and selling defective products).Why some wrongs are dealt with by tort
law (or the law of torts) and others considered criminal offences is the subject of some debate.
However, there are certainly overlaps between tort law and criminal law. For example, a defendant can
be liable to compensate for assault and battery in tort and also be punished for the criminal law offence
of assault.
Differences between tort law and criminal law include: the parties involved (the state brings an
action in crime, a private individual brings an action in tort); the standard of proof (higher in criminal
law); and the outcomes (a criminal action may result in a conviction and punishment, whereas an
action in tort may result in liability on the part of the defendant and damages awarded to the claimant).
The primary aims of tort law are to provide relief for the harm suffered and deter other
potential tort feasors from committing the same harms. The injured person may sue for both an
injunction to stop the tortious conduct and for monetary damages. Depending on the jurisdiction, the
damages awarded will be either compensatory or punitive. Compensatory damages are intended to put
the victim in the position he or she would have been in had the tort not occurred. Punitive damages are
awarded to punish a wrongdoer. As well as compensation for damage to property, damages may also
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be awarded for: loss of earnings capacity, future expected losses, pain and suffering and reasonable
medical expenses.
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