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Vocabulaire du cours

  • Breach : violation of duty
  • Causation : proof that the breach caused the injury.
  • Duty : legal obligation to do or not do something
  • Elements of Tort Law : Duty, Breach, Injury, Causation
  • Injury : a harm recognized by law
  • Intentional : meant to cause harm
  • Negligent : the failure to exercise the standard of care that a reasonable person would under similar circumstances
  • Strict liability : guilty regardless of intent and negligence. Liability without fault
  • Violation of duty : intentional, negligent, strict liability
  • Wrong : an unjust or injurious act. Something contrary to ethics or morality.

 

Anglais juridique

Torts

Lecture

Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products -. Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.

Tort law is state law created through judges (common law) and by legislatures (statutory law). Many judges and states utilize the Restatement of Torts (2nd) as an influential guide. The Restatement is a publication prepared by the American Law Institute whose aim is to present an orderly statement of the general law of the United States.

Questions 1.) Define the word tort.

2.) What do these wrongs result in?

3.) What are the two primary aims of tort law?

4.) Are "trespassing" and "negligence" considered a tort?

5.) How many general categories of torts are there?

6.) Who creates tort law?

7.) What is the aim of the Restatement publication?

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Ecoute


Questions 1.) Are trespassing and negligence both considered torts?

2.) What does tort law determine?

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Grammaire

Comparatives and Superlatives:

To make a word comparative add "er" if it is one syllable. For example: "fast" becomes "faster." Add "ier" to all words that end in "y." For example: "happy" becomes "happier." If the word is more than one syllable put the word "more" before it. For example: "expensive" becomes "more expensive." (exceptions: good=better/bad=worse)

To make a word superlative add "est" if it is one syllable. For example: "fast" becomes "the fastest." Add "iest" to all words that end in "y." For example: "happy" becomes "the happiest." If the word is more than one syllable put the word "most" before it. For example: "expensive" becomes "the most expensive." (exceptions: good=best/bad=worst.)

Questions Fill in the following sentences using the comparative form of the word given.

1.) I believe that in this particular case, the parents were (negligent) guardians than the teachers.

2.) It's true the teachers' care was bad, but the parents' care was even (bad).

3.) It is suspected that the injured party is (greedy) than he should be, as the accident was his fault.

4.) The injured party felt (good) after his insurance company declared they would cover all his medical expenses.

Fill in the following sentences using the superlative form of the word given.

1.) This is an example of the (negligent) parental care I've ever witnessed.

2.) The educational system in this region is (bad) in the state.

3.) That man is the (greedy) man I've ever known.

4.) "Oh! We belong to the same insurance company. In my opinion, they are in their field."

Answer the following question.
Have you ever witnessed/heard about an act of negligence? If so, describe.

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