Text A. TORTS

КОНТРОЛЬНАЯ РАБОТА №2

Вариант 8

Выполните следующие задания:

1. Прочтите текст.

1. The concept of tort – a wrongful act among private individuals – exists in most modern systems of law. The word itself means «wrongful» in French, but is used in the mostly English-speaking common law traditions.

2. The definitions of many torts closely resemble definitions of crimes. For example, the tort of conversion in English law covers taking, destroying or selling someone else’s goods, as does the crime of theft. When a tort is committed, the same act is often also a crime. But the essential difference between torts and crimes is that the former are the subject of civil law disputes between private individuals, and the latter are prosecuted by the state. Sometimes an individual takes an action in the law of tort because he has been the victim of the crime but has gained no benefit from the criminal prosecution. Sometimes there is no criminal prosecution because the police do not feel they have enough evidence or they feel that the matter is more of a private dispute than one involving public law and order. And sometimes it is difficult to find a criminal law which covers a tortuous act.

3. There are other differences between torts and crimes. As for all civil actions, the standard of proof required is lower than in criminal prosecutions. And for many torts it is not necessary to show any particular mental element, so tort actions are often appropriate in the case of accidents.

4. Of course not every wrong committed in society is remediable in tort; the plaintiff has to show that he has suffered an action recognized as a tortuous one, and he must show that his relation to the tortfeaser (committer of the tort) gives him the legal capacity to sue. Nevertheless, the law of tort covers a wide area of wrongdoings.

5. The requirements of proof differ for each tort. Sometimes it is necessary to show a degree of carelessness, as in the tort of negligence. In others, a defendant may be liable even if he was not at fault, such as the strict liability tort where an animal you keep on your land manages to escape and cause damage. In some torts it is necessary for the plaintiff to show that he has suffered actual damage or injury, such as the tort of nuisance, whereas in others no harm need be shown. For example, in the tort of false imprisonment, it is enough to show that you have been detained against your will, even if it was for a short time, no force or threats were used, and you were not harmed.

6. Although some torts refer to specific kinds of wrongdoing, the tort of negligence is used in many different situations: when someone falls into a hole in the road, for example, or is given the wrong treatment by a hospital, or is injured by faulty machinery at work. The number of negligence actions is increasing all over the world, as is the amount of damages.

7. To win an action in negligence, a plaintiff must show that a duty of care existed between himself and the defendant at the time of the tort; that this duty of care has been breached; and that damage or injury has been suffered because of this.

8. Some duties of care have been long recognized by the law and do not require much proof, for example, the duty of a doctor to exercise a high degree of care in treating his patient. But other duties depend upon the situation and must be proven. In English law a general principle has been developed that we owe a duty to people closely affected by our actions to avoid causing harm which we could reasonably have foreseen.

9. Using this principle, a large body of case law has been created to clarify the duty of care in different areas of life. In developing case law, the courts have also been guided by common sense and public policy. One aim is to allow people to get just compensation for harm suffered without letting them forget their own responsibility to take care of themselves. Another is to discourage a big increase in the number of civil actions because of the amount of time the courts would need to deal with this.

10. Nevertheless the number and variety of negligence actions increases year by year. At one time cases were only actionable if personal injury or damage to property could be shown, but it is now possible to claim for financial loss connected to this. Indeed, a person may sue for economic loss alone if this resulted from a negligent false statement, as in the case of a garage owner whose business failed to make profits because the previous owner had not told him a new road being built would divert cars away from the garage. Damages are now awarded for the mental distress caused by an accident, as well as the physical suffering. And it may even be possible for a third party to sue after suffering nervous shock as the result of witnessing an accident.

2. Выпишите из текста английские эквиваленты следующих слов и выражений: гражданское правонарушение; противоправное деяние; возбудить гражданское дело; истец; ответчик; делинквент; спор; подлежать преследованию; предъявлять иск; возмещение ущерба; обязанность соблюдать осторожность; извлекать пользу; противоправное деяние, подлежащее рассмотрению в гражданском суде; жертва; доказательство.

3. Найдите в тексте и выпишите 3 предложения, содержащие инфинитив. Определите формы и функции инфинитива. Переведите предложения на русский язык.

4. Найдите в тексте и выпишите 3 предложения, содержащие причастие. Определите формы и функции причастий. Переведите предложения на русский язык.

5. Найдите в тексте и выпишите 3 предложения, содержащие герундий. Определите формы и функции герундия. Переведите предложения на русский язык.

6. Переведите письменно 1, 2, 3 абзацы.

7. Напишите аннотацию к тексту, используя следующие клишированные словосочетания (3-5 предложений): the precis deals with …; the abstract is devoted to …; the work is concerned with … (bears on …, gives explanation of …, is intended to demonstrate certain phenomena, is designed to provide some information about …); the subject of the paper under review is …; the author touches upon the problem of …; … is (are) described; special attention is given (paid) to …; the chief aim (main purpose) of the work is …; the main result of the work is … (that it has given a clue to …).

8. Составьте свое жизнеописание (C.V.), используя образец на стр. 29.

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