Найдите в тексте английские эквиваленты следующих словосочетаний.

а) неправомерное поведение

б) недобросовестная врачебная практика

в) доказательство недобросовестной практики

г) нарушать обязанности

д) денежная компенсация

е) виндикция, взыскание, восстановление права

ж) моральный ущерб

з) судебное решение, приговор в отношении кого-либо

и) страхование ответственности

Переведите словосочетания на русский язык и приведите примеры с их использованием.

a) active negligence

b) crime of negligence

c) criminal negligence

d) gross negligence

e) imputed negligence

f) infliction by negligence

g) killer by negligence

h) passive negligence

Ответьте на вопросы.

1. What does malpractice refer to?

2. What is usually the result of malpractice?

3. What does each of the official criteria for a medical malpractice claim (duty, breach, damages, and causation) mean?

4. Why are surgeons most likely to be sued for malpractice?

5. Why do doctors, dentists, stockbrokers, and architects usually carry liability insurance?

17. Обсудите в группе приведенные в тексте “Malpractice” ситуации и приведите примеры недобросовестной медицинской практики.

Unit 5. REMEDIES IN THE CIVIL COURT OF LAW

Обсудите возможные ответы.

What types of damages are enforced under the Civil Code in the Russian Federation and in the Common Law countries?

2. Прочитайте текст “Types of Damages” и замените выделенные в тексте русские слова и словосочетания предложенными ниже английскими.

TYPES OF DAMAGES

injunctive relief, compensatory damages, defendant’s actions, lost income, to recover, bad faith, malice, punitive damages, temporary restraining orders, plaintiff

In most tort cases, the (истец) is seeking damages (i.e. money). Generally speaking, there are two major categories of damages a plaintiff can (взыскать убытки) in a personal injury case: (i) (компенсаторные убытки) and (ii) punitive damages.

"Compensatory damages" are designed to "compensate" the plaintiff for what the plaintiff has lost or endured (e.g. medical bills, lost wages, (упущенная выгода), physical pain and suffering and mental/emotional pain and suffering) as the result of the (действий ответчика).

(Денежное возмещение в виде наказания ответчика) are designed to punish the defendant for his actions. However, punitive damages are only awarded in extraordinary situations where the plaintiff proved that the defendant acted with (злой умысел) or intent - negligence is not enough. The law permits punitive damages in order to discourage similar acts in the future by the same defendant or other persons. Punitive damages are usually awarded in cases involving fraud, (недобросовестность) or intentional acts.

Some tort cases also seek what the law calls (судебный запрет). Injunctive relief involves a court order requiring or preventing the defendant from doing or continuing to do a certain act. This type of relief includes such things as (временный судебный запрет) and permanent injunctions. A plaintiff can request both injunctive relief as well as monetary damages in the same lawsuit.

Ответьте на вопросы по тексту.

1. What are two major categories of damages a plaintiff can recover in a personal injury case?

2. What category do medical bills, lost wages, or lost income belong to?

3. What is the purpose of punitive damages?

4. In what situations or cases are punitive damages awarded?

5. What is injunctive relief?

4. Прочитайте текст “The most famous frivolous lawsuit: Liebeck against McDonald's” и объясните выражение “frivolous lawsuit”.

THE MOST FAMOUS FRIVOLOUS LAWSUIT: LIEBECK AGAINST McDONALD’S

The claimant, a 79-year-old woman, bought coffee at a drive-through McDonald's and got really bad third-degree burns when she opened the container. She had to have medical treatment for two years. Actually, at first she only tried to get $20,000 to pay her medical expenses. But McDonald's only wanted to give

her $800. Then Liebeck and her lawyer tried a few more times to reach a settlement before the case went to trial, but McDonald's always refused. Probably because in other cases the courts had decided that coffee burns were an open and obvious danger, and

McDonald's thought Liebeck couldn't win. Liebeck filed suit for gross negligence, saying that McDonald's sold coffee that was 'defectively manufactured'.

The evidence showed that McDonald's did actually serve their coffee much too hot. In fact, more than 700 people had been burnt in the years from 1982 to 1992 by McDonald's coffee. The court found they knew their coffee was injuring people.

The jury found for the claimant. They said that McDonald's was 80% responsible and Liebeck was 20% responsible. They said the warning on the coffee cup was too small and not sufficient.

At first Liebeck was awarded $200,000 in compensatory damages, which was then reduced by 20% to $160,000. They also awarded her $2.7 million in punitive damages. The idea was that McDonald's should pay her two days' worth of coffee revenues, which were about $1.35 million per day.

The judge then reduced the punitive damages to $480,000. So the total amount of damages was $640,000.

The decision was later appealed by McDonald's and Liebeck, but they settled out of court for an amount less than $600,000. Nobody actually knows how much she got, as a matter of fact.

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