Identification and correction of common imprecisions in the language of Tort law – part I (May 30, 2021)
Each of the following sentences contain a number of words/terms that need to be changed or “improved” (either because they are wrong or because they are imprecise in the context of the sentence). This may include incorrect legal terminology, wrong collocations, prepositions or a combination of all of these. They are already identified for you, now think of a better/correct option.
1. My client’s car sustained extensive harm as a result of the defective part while the driver was seriously hurt.
2. Tortfeasor is the party who does the civil offence.
3. The defendant’s insurer argued that the Covid pandemic was not an insured event since it was not predictable and therefore the defendant cannot be held guilty for insured party’s losses.
4. The Court held that the manufacturer didn’t have any responsibility to the customers given that they didn’t use the product according to its specifications.
5. The lawyer argued that her client suffered serious injury as a result of the reputational damage caused by the newspaper’s publication.
6. The Court found that the company was careless in failing to warn the customers of the possible side effects of its product.
7. The Judge found that the damages the manufacturer of the gun used in the shooting must pay to the Claimant should also include an amount for special compensation given the lasting psychological impact the shooting had on him.
8. The company is indirectly responsible for the actions of its employees that cause harm to third parties while they are at work.
9. The manufacturer’s conscious decision not to disclose to the public all the serious health risks associated with its product is referred to as intentional lying.
10. If you know that in the process of manufacturing of its product it is very likely that the company will seriously harm the environment you can apply for a stopping order.
Identification and correction of common imprecisions in the language of Tort law- part I: Answer Key
1. DAMAGE and INJURED
2. COMMITTS and WRONG or TORT
3. FORESEEABLE and LIABLE
4. OWE and DUTY OF CARE
7. EMOTIONAL DISTRESS or PAIN & SUFFERING
8. VICARIOUSLY LIABLE
9. FRAUDULENT MISREPRESENTATION
10. MOTION FOR INJUNCTION