Английский язык для юристов. Предпринимательское право - стр. 4
was suffered. In most cases, the harm suffered is a physical injury or in a form of property damage, and is, therefore, visible. Harm suffered due to fright or humiliation is difficult to demonstrate.
Several defenses can be used by the defendant in a negligence case. These defenses include contributory negligence, comparative negligence, and assumption of the risk.
The defense of contributory negligence involves the failure of the injured party to be careful enough to ensure personal safety. Contributory negligence completely prevents recovery by the injured party. The injured party's defense to a charge of contributory negligence is called last clear chance. Under this doctrine, a tortfeasor may be held liable if the injured party can show that the tortfeasor had the last chance to avoid injury.
The doctrine of comparative negligence requires courts to weigh the relative degree of wrongdoing in awarding damages, and to assign damages according to the degree of fault of each party.
Another defense to negligence is assumption of the risk, which involves the voluntary exposure of the victim to a known risk.
Under the doctrine of strict liability or absolute liability, the court will hold a tortfeasor liable for injuries to a victim even though the tortfeasor did not intend the harm and was not, in any way, negligent. Strict liability is generally applied when the harm results from an ultrahazardous or very dangerous activity.
Product liability is a legal theory that imposes liability on the manufacturer and seller of a product produced and sold in a defective condition (unreasonably dangerous to the user, to the consumer, or to property). Anyone who produces or sells a product in a defective condition is subject to liability for the physical or emotional injury to the ultimate consumer and for any physical harm to the user's property.
When a wrongdoer has injured another person by committing a tort, the victim can usually be compensated with monetary damages. Damages can include compensation for the repair or replacement of involved property, or for lost wages, medical bills, and any pain and suffering that the victim was forced to endure. If the tortfeasor's acts are notoriously willful and malicious, a court may impose punitive damages (exemplary damages), which are damages above and beyond those needed to compensate the injured party. Punitive damages are designed to punish the tortfeasor so that similar malicious actions are avoided by others.
If a tort involves a continuing problem the injured party may ask the court for an