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