1. Перепишите вставляя пропущенные слова: tort (1) claimant anticipate harm (2) omissions (3) negligence treat defendant liable (5)

1. In the UK and the USA most cases in are based upon the of negligence. In order to bring a successful claim against someone for , the must prove that the was in breach of his or her duty of care. The duty of care is the duty to make sure that my conduct does not harm anyone.
2. However, the law is a little more complicated than this. The law of says, for example, that I am for the things that I do, and also the things that I don’t do. In other words, I can be for harming another person because of my actions and I can also be liable because I fail to do something that a reasonable person would do under the circumstances. A lawyer will say that I am for my acts and also for my . are the things that I do not do. For example, when doctors give patients medicine to an illness, and that medicine is dangerous if people drink alcohol at the same time, the doctors must warn their patients. If the doctors do not warn the patients, then the doctors omit to tell the patients something important and that omission can cause to the patients. Both statute and the common law contain rules about the situations in which people are for their acts and their .
3. Do I have a duty of care to everyone under all circumstances? The answer to this is ‘no’. It is an established common law principle that I am only in certain situations. The main limit upon my liability to others is that the that I cause to another person must be 'reasonably foreseeable'. Foreseeable means that the results of my conduct are predictable. For example, a gas company is doing some work in the street. The men doing the work dig a deep hole. The men then go home at the end of the day. They do not put a sign anywhere to warn people that the hole is there and they do not provide a light. A man falls into the hole at night-time and breaks his leg. Was the result of the gas company’s omission reasonably foreseeable? The answer to this is 'yes’. A reasonable person can the results of conduct such as this.

sssmith sssmith    3   17.03.2021 10:06    42

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