Cuốn sách "English for lawyers" đáp ứng yêu cầu của các cán bộ công tác trong các cơ quan nghiên cứu, xây dựng và bảo vệ pháp luật có nhu cầu tìm hiểu, nghiên cứu pháp luật quốc tế và pháp luật các nước khác. Mời các bạn cùng tham khảo nội dung phần 2 cuốn sách. | I- I_ D E F IN IT IO N AND KINDS O F T O R T S Dẹ ỉnừion and nature o f Torts A tort is a private civil vvrong one that results in injury to another s person property or reputation for vvhich the courts award damages to the irỹured person. It is violation o f rights not established by contract. A crime is a public vvrong one that affects society as a whole and done with wrongful intent in violation o f penal law and is defmed by statute or common law. Tort law differs from contract law only in that the duties ím p o se d by the latter are determ ined by contract than by law. Tort law and contract law are to a certain extent judge-made That is because common-law niies in some measure govern toit and contract cases. Crimes too originally were defmed by the common law and for purposes of this chapter the common-law 175 deíĩnition of various crimes generally will be employed. It should be understood however that what constitutes the elements of individual crimes must be detennined by referring to the penalstatutes of the particular jurisdiction in vvhich the crime took place. Torts result when there is a conflict betvveen right to protection of person or property of one person and nght to freedom of action o f another. The wrong may be inílicted intentionally negligently or by unreasonable interference with another s personal or real property. Intentional torts are violations of the law that rely on intent the determination with vvhich one acts in establishing liability. Tort liability for negligence on the other hand relies on fault . the degree of failure of duty to act with due care . Classes o f torts A. Neslisence Negligence is failure to exercise the degree of care required by lavv. It is the theory of fault upon which most claims for personal injury are based. Suits for negligence typically ìnvolve the failure on the part of one person to exercise due care when there is a íòreseeable risk of harm to others. Four íactors must be present in order to .
