59. Переведите письменно на английский язык первые три абзаца текста.

60. Переведите с листа вторую часть текста.

Lesson 12

Remedies

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Once a court decides that there has been a breach of contract, it must then judge how the party in breach must compensate the other party. The usual award is damages — monetary compensation. The court must be satisfied that there was a contract, that one party is in breach, and that the other party has suffered some loss because of the breach. In addition to financial loss a plaintiff sometimes tries to claim damages for mental distress caused by the breach of contract. Such claims are less successful in Britain than in the US, except for holiday contracts (though often successful in tort actions).

A court will award damages only for loss closely connected with

/ the defendant’s breach. For example, in the 1949 English case of Victoria Laundry vs. Newman Industries, the defendants were five months late in delivering a new boiler for the laundry. The laundry claimed damages first for profits they would probably have made by being able to increase their regular laundry customers if they had had the boiler on time; and second, for profits they might have made if the boiler had enabled them to tdke on new dyeing contracts.(The court decided that the first claim was reasonable, but that the second was too remote. Remoteness is an important concept in both contract and tort.

In deciding just how much in damages to award, English and American courts try to put the plaintiff into the same financial position that he would have been in if the defendant had carried out the contract properly.

Instead of damages, a plaintiff sometimes asks the court to force the other contractor to carry out the contract. In English law this is called specific performance. The court will not agree to do this if it causes hardship to the defendant, however, or if it is no longer possible or practical to cany out the con^ract.j Sometimes the court decides to award damages instead of specific performance, and sometimes it awards both. A plaintiff may also ask the court to award an injunction against the defendant, that is, to order the defendant not to do something which would be in breach of contract. Specific performance and injunctions are remedies which were developed by the courts of equity because of inadequacies in the common law courts.

Active Words and Expressions

remedy — средство судебной защиты

breach of contract — нарушение договора

to breach/break a contract — нарушать договор

party in breach — сторона, нарушившая договор

award — решение; присуждение

to award damages — присуждать возмещение убытков

damage= loss — убыток, ущерб

damages — компенсация за понесенный ущерб; возмещение убытков

Damages — money paid by one party of a legal action (usually civil)

to compensate the other party for loss or injury

the court must be satisfied — суд должен быть убежден

to ask for damages=to claim damages — подать иск о взыскании

убытков

to claim damages for mental distress — требовать компенсации за моральный ущерб

defendant — ответчик; обвиняемый; подсудимый the first claim was reasonable — первая претензия была обоснованной

the second was too remote — вторая претензия имела слишком отдаленную причинную связь remoteness — отдаленная причинная связь to carry out a contract — выполнять контракт “^{подрядчик} injunction — судебный запрет

inadequacy — несоответствие; неадекватность; недостаточность to satisfy the court — убедить суд

specific performance — исполнение в натуре; реальное исполнение