Unit 2. Tort law

Exercise 3. Translate into English.

Деликтное право (в России) – в гражданском праве совокупность правовых норм, регулирующих обязательства, возникающие из причинения вреда. Составная часть обязательственного права.

Exercise 4. Complete the definition below using the following words: act, damages, harm, party

Tort is a wrongful 1) ……… that causes 2) ……….. to another person for which the injured 3) ……….. may request 4) …………..

Exercise 5. Read and translate the text on tort.

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 liability¹ 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 tortfeasors 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, as far as it is possible, 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 be awarded for: loss of earnings capacity, future expected losses, pain and suffering and reasonable medical expenses.

¹ Strict liability – liability that exists even though the defendant meant or intended no harm and wasn’t negligent

Exercise 6. Answer the questions to the text.

1) According to the text, what are the two main objectives of tort law?

2) An injured party can sue for damages or for an injunction. According to the text, what types of loss can be compensated by an award for damages?

3) What does the term “injunction” mean?

4) A manufacturer produces a dangerous toy train. What category of tort is this?

Exercise 7. Match the adjectives (1-6) with the nouns (a-f) they collocate with in the text.

1. civil a. damages

2. contractual b. wrong

3. injured c. misrepresentation

4. fraudulent d. party

5. medical e. relations

6. monetary f. expenses

Exercise 8. Use the collocations you formed in Exercise 8 to complete these sentences.

1) While a crime such as murder or shoplifting is a wrong committed against society, a tort is a ………………committed against an individual.

2) Torts are handled in the civil courts, where the……………brings an action against the wrongdoer.

3) In most cases, the injured party is entitled to remedies under the law, such as …………………

4) In medical malpractice cases, the damages awarded to the injured party may include lost wages and ……………..

5) The tort of …………occurs when one of the parties to a contract makes a false statement about a fact and knows it is not true, and this fact is acted on.

6) When a person stops parties from entering into a contract, for example, this person is said to interfere in …………..

Exercise 9. Listening (Аудирование № 8 на moodle). Listen to the text and fill in the missing words.

There was another 1) ......... yesterday morning at the traffic lights in the village of Bradbury. Jill Smith, who was driving a blue Ford Fiesta was 2) ........ the junction after the traffic lights had turned green when a lorry 3).......... into the side of her car. The driver of the lorry hadn’t noticed the traffic lights because they were 4) ........ by a large tree. As a result of the accident, the car was seriously 5) .......... . Miss Smith wasn’t seriously 6) ......... . She was taken to the local hospital to be treated for 7) ....... . The lorry driver was 8) ............ to the police station to make a statement. “This is the 9) ...... accident to have happened this month. The Town Council should 10) ........... the tree, or there will be further accidents”, a villager said.

Exercise 10. Read and translate the text.