English for lawyers (Tái bản): Phần 2
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: English for lawyers (Tái bản): Phần 2
English for lawyers (Tái bản): Phần 2
Chapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 ort is a private (civil) wrong, one that results in injury to another’s person, property, or reputation, for which the courts award damages to the injured person. It IS violation of rights not established by contract. A crime IS a public wrong, one that affects society as a whole, and done with wron English for lawyers (Tái bản): Phần 2 gful intent in violation of penal law and is defined by statute or common law.Tort law differs from contract law only in that the duties imposed by thEnglish for lawyers (Tái bản): Phần 2
e latter are determined by contract than by law. Tort law and contract law are, to a certain extent, ’judge-made”. That is because common-law rules, iChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 aw175definition of various crimes generally will be employed. It should be understood, however, that what constitutes the elements of individual crimes must be determined by referring to the penalstatutes of the particular jurisdiction in which the crime took place.Torts result when there is a confl English for lawyers (Tái bản): Phần 2 ict between right to protection of person or property of one person and right to freedom of action of another. The wrong may be inflicted intentionallEnglish for lawyers (Tái bản): Phần 2
y, negligently, or by unreasonable interference with another’s personal or real property Intentional torts are violations of the law that rely on inteChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 ree of failure of duty to act with due care).Classes of tortsA. NeelisenceNegligence is failure to exercise the degree of care required by law. It is the theory of fault upon which most claims for personal injury arc based. Suits for negligence typically involve the failure on the part of one person English for lawyers (Tái bản): Phần 2 to exercise due care when there is a foreseeable risk of harm to others. Four factors must be present in order to establish liability for negligence.English for lawyers (Tái bản): Phần 2
1Existence of Legal Duty A determination that a legal duty exists between the parties must be made in176order to establish liability through negligencChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 jury must determine whether the person charged with negligence failed to exercise due care. To do so, the court uses a standard-of-conduct model. It compares the actions of the defendant with those of a hypothetical ordinary, reasonable, and prudent person under similar circumstances.3Actual Harm, English for lawyers (Tái bản): Phần 2 rhe plaintiff in an action for negligence must show that actual harm was suffered, hl most cases, the harm suffered is a physical injury and is visiblEnglish for lawyers (Tái bản): Phần 2
e. Harm suffered due to fright or humiliation is difficult to demonstrate. Courts often deny damage awards for such harms in negligence cases unless tChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 shown; that is, a connection must be show between the negligent conduct and the resulting harm in order to establish the liability of the defendant. In determining proximate cause, the court looks for an act or a failure to act, in the absence of which the harm would not have resulted. For example, English for lawyers (Tái bản): Phần 2 the court might find that the negligent failure of the defendant to remove an extension ladder was the cause of a child, climbing and falling off177thEnglish for lawyers (Tái bản): Phần 2
e roof of the defendant’s house. Another factor impacting upon finding of proximate cause is the existence of an intervening cause This is an event whChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 unsecured property, set by a stranger, destroys the plaintiff s garage and car, this event is an intervening cause of the damage sustained. Generally, a defendant is liable only if the intervening event IS reasonably foreseeable.B. MalpracticeA special area of tort liability is malpractice, or prof English for lawyers (Tái bản): Phần 2 essional negligence It involves the failure of individuals with superior education or training to maintain standards of performance set or followed byEnglish for lawyers (Tái bản): Phần 2
professional groups. The courts hold lawyers, doctors, accountants, and other professionals to a higher standard of conduct than other members of theChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 s the established rules of audit or the doctor who, through ignorance or carelessness subjects a patient to unnecessary suffering could be held liable in a malpractice suit. The standard of conduct principle is a flexible one. It recognises that a reasonable person, including a reasonable profession English for lawyers (Tái bản): Phần 2 al, can make an honest mistake. For example, a physician may prescribe178die wrong medicine, since no one can be expected to be collect 100 percent ofEnglish for lawyers (Tái bản): Phần 2
tune. At a certain point, however, when a mistake becomes so bad it becomes a negligent mistake.Adapted from Business Law by Robert RosenbergEXERCISEChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA to English for lawyers (Tái bản): Phần 2 ligence3Actual harm4Expected skill5Foreseeable riskChapter IIITORT w AND CRIMINAL LAW ’ f•'• 'wiext I_____________________________________DEFINITION AND KINDS OF TORTSDefinition and nature of TortsA toGọi ngay
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