Match words and collocations with the ones that have similar meanings.

Контрольная работа

М1.В.01 Иностранный язык в профессиональной деятельности юриста (английский)

по направлению подготовки 40.04.01 Юриспруденция

профиль подготовки: «Юрист в социальной и экономической сферах»

квалификация: магистр

форма обучения: заочная

Год набора – 2020

Барнаул, 2020

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LAW OF TORT

(1) The concept of tort is used in most English-speaking states with common law traditions. A tort is a wrongful act committed by an individual against another individual’s person, property or reputation. The law of tort deals with civil wrongs. A wrong is something that causes harm or damage to another person. A person who suffers harm or damage is hurt in some way. This hurt might be physical in nature, but it might be some other type of hurt, such as causing someone to lose money. The law of tort is connected with the breach of the duty of care by accident but sometimes deliberately. This area of law is based on the following principle.

In situations where I cause harm to another person, I may be liable to compensate him or her for that harm, even in situations when:

• I do not have a contract with that person and

• I did not commit a criminal act against that person.

(2) Let’s say that I am shopping in a large supermarket and an employee of the supermarket washed the floor five minutes ago. The floor is not completely dry. I do not know this. There is no sign to warn me that the floor is wet. I slip on the floor and hurt my back. I have to go to hospital and I cannot go to work for a month. This is a situation where I need to make a claim based on the principles of the law of tort. I am hurt physically and I have perhaps lost money, all because of someone else’s conduct.

(3) How is this area of law different from criminal law or contract law? The answer to this question is that there is a lot of overlap between the law of tort, contract law and criminal law. Although a tort and a crime appear to be the same in many cases, the parties, burden of proof, and punishment are different. The main purpose of the law of tort is to compensate people who suffer harm and not to punish the tortfeasors, people who caused this harm. The main aim of criminal law is to punish wrongdoers and to deter other people from committing similar wrongs. In a tortious action the claimant is the injured party who has to prove the elements of his case. If he wins, he is entitled to redress to compensate him for his injury. The usual remedies in tort are damages and injunction.

(4) Crimes usually involve public law and order. Therefore, in a criminal action the claimant is the state, represented by the prosecutor. The person charged with committing a crime is the defendant. The injured party is merely a complaining witness. The state has the burden of proof. It is higher than in a tortious action. The convicted defendant either pays a fine, or goes to prison. The injured party receives nothing. Sometimes a crime is also a tort and the injured party may try to get damages in a civil court.

(5) An important difference between the law of tort and contract law is that the law of tort makes us liable to people with whom we have no contractual relationship. Contractual liability is based on agreement between parties. Tort liability is based on the duty one person owes to another. It is imposed by law regardless of whether or not there is an agreement between the parties.

Answer the following questions.

1. What law system uses the concept of tort?

2. What is a tort?

3. Is a tort a civil or a criminal wrong?

4. How can a person against whom a tort is committed suffer?

5. What duty is breached when a tort is committed?

6. Is the duty of care always breached by accident?

7. What principle is this area of law based?

8. What is a person liable to do if he causes harm to another person?

9. Can you give an example of a situation where a person suffers because of someone else’s conduct?

10. What areas of law is law of tort connected with?

11. What is the difference between a tort and a crime?