tort law. last lesson
TRANSCRIPT
TORT LAW
2ND pptLECCION DE 24 JUNE 2016
UNIVERSIDAD CATOLICA DE CUYOEQUIPO DE TRABAJO EN INGLES JURIDICO
LIC. MAURICIO MUÑOZ LUNADRA ADELA PEREZ DEL VISO
TORT LAW2nd lesson
DUTY OF CARE NEGLIGENCE
MC LIBEL CASE
TORT CATEGORIES
Vocabulary check
FRIDAY 24 JUNE UNIVERSIDAD C.
DE CUYO
TORT LAW
COMPENSATIONDAMAGES
INJUNCTION
REDRESS
FOUR TERMS WHICH MIGHT BE CONFUSING FOR YOU…
THEY ARE NOT SYNONYMS
TORT LAW
MONETARY COMPENSATION
THREE MAIN WAYS TO REDRESS or to SEEK
REMEDIES
DAMAGES
INJUNCTION
SPECIFIC PERFORMANCE
Damages are an award, typically of money,
to be paid to a person as compensation for loss or injury.
At common law, damages are categorized into compensatory (or actual) damages, and punitive damages.
Ex: If you are injured in an accident, the court gives you money; if you are damaged because of a breach of contract, the court gives you money. (Tort remedies / contract remedies)
MONETARY COMPENSATION or DAMAGES
It is an equitable remedy in the form of a Court
order, that compels a party to do or refrain from doing specific acts.
A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. (a crime)
Example: your neighbors play loud music every single night and you want them to stop; you seek for and injunction, which is a court order to stop doing that.
INJUNCTION
S.P. is an order of a court which requires a party to perform a specific act, usually what is stated in a contract.
It is an alternative to awarding damages. It is classed as an equitable remedy or injunctive relief concerning confidential information or real property.
While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction. It tends to protect the innocent party to a contract.
It is usually the opposite of a prohibitory injunction but there are mandatory injunctions which have a similar effect to specific performance.
Example: a contract with an artist to deliver a piece of art. The artist fails to comply with his obligation; the judge orders specific performance, that is to say, to actually deliver the artwork.
SPECIFIC PERFORMANCE
LISTENING ACTIVITY
SOURCES
**Catherine Mason: The Lawyer´s English Language Coursebook. 2nd Edition.**Amy Krois- Lindner and Translegal: International Legal English 2nd. Edition (Cambridge U.P)**http://www.dummies.com/how-to/content/remedies-for-violations-of-property-rights.html**https://en.wikipedia.org/wiki/Specific_performance**http://study.com/academy/lesson/specific-performance-and-injunctions-remedies-for-breach-of-contract.html
THANK YOU !!
Lic Mauricio Muñoz LunaDra. Adela Pérez del Viso
E.T.I.J. Equipo de Trabajo en Inglés JuridicoSan luis, Argentina, Junio 2016.
TORT LAW