2015-01-21
1164
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?
TEXT 2
The Most Famous Frivolous Lawsuit: Liebeck Against McDonald’s
