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Legal English Basics

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TEACHER’S NOTES

UNIT 4

GENERAL WARM-UP

Start by introducing the following idiomatic phrase: What goes around, comes around (used to say that if

someone treats other people badly he or she will eventually be treated badly by someone else).

You can do that by saying:

“Do you believe that if you behave inappropriately, you will be punished? Or if you hurt other people, one day

you may have to face the consequences of your poor conduct? Do you think that your bad actions or behaviour

will eventually have consequences, even if indirectly? Yes? Well, it’s because what goes around, comes around.

Explain that the phrase typically means that if someone treats other people badly he or she will eventually be

treated badly by someone else; although it may also mean that your good deeds will benefit you in the future.

Give more examples:

So he finally gets to see the results of his activities. What goes around, comes around.

Now, he is the victim of his own policies. What goes around, comes around.

I just think what goes around, comes around, and I'm hoping that in the past I've done something for

somebody and it'll come back to me.

I feel a little sorry for her but I guess she never helped anyone and what goes around, comes round.

What goes around, comes around. If you ignore the other guy when he asks for help, you might just be

setting yourself up for a little of the same later on.

You shouldn’t lie to your clients. They will find out sooner or later and sue you. Remember, what goes

around, comes round.

Encourage students to give their own examples of how they would use this proverb.



p. 75

LET’S GET STARTED: DISCUSSION

Ask your students to explain how they understand the term ‘liability’. If they struggle, explain that – in legal terms

- it is legal responsibility for our acts or omissions. Simply put, for doing something bad or wrong.

We may be liable for our own actions, or for actions of other persons who we are responsible for, e.g. minor

children.

Explain to your students that we may face criminal liability, if we commit a criminal offence (e.g. steal something),

or civil liability which may be further broken down into liability under contract (e.g. if we breach the provisions

of a contract) or in tort (wrongful act under civil law other than a breach of contract for which relief may be

obtained in the form of damages or an injunction; it can be dealt with in a civil court).

Distribute Handout 1. Ask your student to decide under which category the following acts may fall: criminal act,

breach of contract or civil wrong. Explain that in some cases more than one option is possible – e.g. drunk-driving

is a criminal offence but the victim of an accident caused by a drunk driver may seek damages under tort law as

well. Ask your students also to come up with their own ideas of punishments or remedies that may be applied in

the case of each of the acts discussed.

Some of the terms/expressions in Handout 1 may be new to your students – explain them if necessary.

At the same time, try to introduce as many of the terms and expressions in bold from READING 1 as possible.

When you have finished the above, ask your students to read the instructions in LET’S GET STARTED: DISCUSSION and answer the questions that follow. At this point, they should be able to do that on their own, but assist if

necessary.

Extra Practice:

You may chose some examples from the following site dedicated to torts in our life:

https://lawhaha.com/tortland/spot-the-tort/

p. 75

READING 1: WHAT ARE TORTS?

Explain to the students that they are going to read a text that will answer some of the questions discussed above.

Ask the students to read the instructions above the text. You may have to introduce such terms and phrases as:

recklessness, bear liability, owe a duty of care.

Ask the students what they think about the liability of the skier who caused the accident?

Do they agree that such person would bear liability for the costs of medical treatment of the injured skier?

Why? Why not? Is it possible to avoid such liability? How? (suggest e.g. third-party liability insurance).

Ask the students to look at the terms in bold to see if they understand them. Many of them have been discussed

before. If there are still any terms they do not understand, suggest them to use the GLOSSARY on pp. 93–94.

https://lawhaha.com/tortland/spot-the-tort/



Now, ask students to start reading. Students should take turns. Do not interrupt them if they mispronounce.

Write down their pronunciation mistakes and refer to them after they’ve finished reading the given paragraph,

e.g. when a student answers a question about the text. You may also play the correct pronunciation online (e.g.

https://en.oxforddictionaries.com or www.merriam-webster.com) or ask your students to practice

pronunciation of given word/expressions at home by listening to their pronunciation in online dictionaries.

First Reading

The first time, ask students to take turns and read aloud. Stop after each paragraph.

Check if the students understood the text. You can do it by asking general questions first, and then more detailed

ones. For example (para. 1):

General question:

So, what is a tort? or So, can you now tell me what a tort is?

(Encourage your students to answer in full sentences)

Detailed questions:

Are torts caused by a breach of contract?

What is the person who committed a tort called?

Can a tort be committed only by our acts?

Who is the injured party?

What can the injured party do if a tort is committed?

Students should answer in complete sentences.

Follow this procedure until you’ve read the entire text.

Second Reading

Now, ask your students to read the text again, but this time silently. Ask them to check if they understand

everything. Encourage them to elicit the meaning of unknown words from the context, if possible.

When your students finish reading, ask them to take turns at asking detailed questions about each sentence in

the text. They may ask the whole group or their neighbour – depends on the advancement of the class. Encourage

them to ask open-end questions whenever possible.

Now, distribute Handout 2 – the students should complete the gaps in the text with a term that makes sense in

the given sentence. It does not need to be the same word as long as it make sense.

Finally, ask the students to answer the questions from the Discussion section again.

p. 77

PRACTICE 1

Ask the students if they remember the three categories of torts they read about in READING 1. If not, ask them

to read the part that answers the question: Are there different categories of tort?.

Now, ask the students to do PRACTICE 1. Ask them to justify their decision. Encourage them to use the phrases

for expressing opinions on pp. 17–18 in UNIT 1, connecting ideas and justifying on pp. 36–37 in UNIT 2 and for

connecting ideas on pp. 55–57 in UNIT 3 whenever possible.

http://www.merriam-webster.com/



You may prompt them:

Teacher: How would you classify pet snake bite? What is your opinion?

Student: In my opinion this tort should be qualified as strict liability tort.

Teacher: Why do you think so? Can you justify your opinion?

Student: First of all, tort law says that owners are liable for their animals. Therefore, if your snake bites

someone, you are responsible for that and you have to compensate the injured person for, for

example, medical expenses. Moreover, in some extreme circumstances, you may even have to

sedate your animal.

Continue until all the torts have been discussed.

Then, distribute Handout 3. You may ask the students to simply complete the gaps or – with stronger groups –

you may ask your students to create a story. The scenarios in the “clouds” and the sentence prompts should

serve as an inspiration to the story.

You may offer an example:

For the last few weeks, I’ve been working on an article about the leading supplier of organic vegetables for baby

food. I was informed by a company insider that some of the vegetables were grown on a farm that had been

poisoned as a consequence of a leakage of toxic liquid from another company located nearby. My insider said

that the company owner knew about that but they didn’t want to lose the entire harvest, so they sold the

vegetables anyway to their clients – baby food manufacturers.

I was sure that this person was a reliable source. To my surprise, it turned out that this person had been dismissed

by the company a few weeks earlier for gross negligence. Apparently, he wanted to take revenge on his former

employer and tricked me into writing a defamatory article. Now, the company owner sues me and my newspaper

for defamation. I may lose my job and my employer may have to pay damages! I should have been more careful!

p. 78

PRACTICE 2

Remind the students that the typical remedies in case of tort law include damages and injunctions.

Distribute Handout 4. Ask the students to follow the instructions in PRACTICE 2 and answer the questions. They

should complete the gaps in the table in Handout 4.

Alternatively, come back to this PRACTICE 2 after you have done PRACTICE 8.

p. 78

LISTENING 1: DEFAMATION

Write the term DEFAMATION on the board and ask the students if they are able to define it. You may prompt

them with questions:

Is it OK to ill-speak of other people?

What if such harmful opinions are a lie? (introduce: defamation, defamatory, defamer)

And what about writing something highly critical about other people? Can I always do that? (introduce: libel,

slander)

Etc.



Before you start listening, you may have to introduce or remind certain terms, such as: compensatory damages

/ exemplary damages / injunction / retract / disregard / dubious (optional – you may skip this with advanced

students and encourage them to infer the meaning from the context).

Next, tell your students that they are going to hear a description of defamation, types of defamation and possible

consequences of defamatory acts. Ask them to read questions 1–8.

Play the recording twice. The first time, ask your students to listen for general ideas, just to be able to tell you

what the recording is about without minor details. The second time, ask the students to say STOP when they

hear the answer to questions 1–8. Make sure they get all the answers right. Play more times, if necessary.

For weaker students, you may print out the transcript in Handout 5a. They may read the text as they listen to

the recording for the first time. Second listening should be without the transcript.

When the students have answered all the questions, distribute Handout 5. Ask your students to listen to the

recording again and fill in each gap with the missing word. Each gap needs one word only. Read the completed

text and check.

Play the recording the last time. Ask the students to remember as much as they can. Then, students should take

turns one by one and say whatever they remember about defamation. Each student should say just one sentence.

Extra Practice:

You may choose a real-life defamation case and read/discuss it with your students. You may find plenty examples of defamation cases on these websites: https://www.theguardian.com/law/defamation-law https://www.nytimes.com/2019/05/23/world/australia/geoffrey-rush-defamation.html https://cs.stanford.edu/people/eroberts/cs201/projects/defamation-and-the-internet/sections/precedent/cases.html https://inforrm.org/2018/01/26/top-10-defamation-cases-of-2017-a-selection-suneet-sharma/

With less advanced students, it’s a good idea to just read the headlines and try to “guess” what

happened in the given case.

p. 79

USE OF LANGUAGE 1: CAUSE AND EFFECT

Ask a student when was the last time they had to explain legal consequences of certain acts or omissions.

Encourage them to give examples. Use these examples to introduce the phrases that explain cause and effect.

For example:

Student: My client forgot to pay their contractor on time and the contractor refused to complete the

contracted work.

Teacher: So as a consequence of your client’s failure to pay, the contractor didn’t complete the work.

Or

You client forgot to pay their contractor on time so the contractor refused to complete the

contracted work.

https://www.theguardian.com/law/defamation-law

https://www.nytimes.com/2019/05/23/world/australia/geoffrey-rush-defamation.html

https://cs.stanford.edu/people/eroberts/cs201/projects/defamation-and-the-internet/sections/precedent/cases.html

https://cs.stanford.edu/people/eroberts/cs201/projects/defamation-and-the-internet/sections/precedent/cases.html

https://inforrm.org/2018/01/26/top-10-defamation-cases-of-2017-a-selection-suneet-sharma/



Next, use Handout 6. Cut out the elements. Explain to the students that green colour boxes contain the cause,

orange – the consequence, and the yellow ones – the connecting cause-effect phrase.

Ask the students to work individually, in pairs or in groups and – combining the text in the three colours of boxes

- form as many sentences as they can. Explain that the sentences will require modification of the text in the box.

For example:

YOUR STATEMENT ABOUT MY

PROFESSIONAL CONDUCT WAS

DEFAMATORY. (YOUR DEFAMATORY

STATEMENT)

CAUSED

MY REPUTATION WAS DAMAGED

AND I LOST SOME OF MY CLIENTS.

(DAMAGE TO MY REPUTATION)

Answer: Your defamatory statement caused damage to my reputation.

With less advanced students, you may distribute Handout 6a. Explain that the sentences will require modification

of the text in the box and that the words/phrases in the brackets should help them.

Continue until you’ve covered all the cause-and-effect phrases. Then proceed to PRACTICE 4 and PRACTICE 5.

You may read the suggested answers for PRACTICE 5 in the Answer Key on p. 247.

p. 80

READING 1: PRODUCT LIABILITY

Before you start reading the text, discuss when the manufacturer or service provider might be found liable for

the product or service they offer. Encourage students to give examples.

You may watch a video posted by Tech Policy Lab, University of Washington on youtube.com entitled What is

product liability?

https://www.youtube.com/watch?v=BnU3sidMlls

Mention some funny product liability cases, e.g. lack of warning that you may not wash a cat in the washing

machine ;-) Introduce the term frivolous litigation. You may either provide your students with a definition, e.g.

Frivolous litigation is when parties to a case or their lawyers start or carry on law suits that have no chance of winning. Frivolous litigation consists of a legal claim or defines presented before a court even though the party or the party's legal counsel had reason to know that the claim or defines has no merit. Some cases can be initiated with the sole intention of harassing the defendant in a case. Such cases also delay the procedures of the courts. Lawyers are required to perform due diligent investigation before instituting a case in courts. There are various sanctions for instituting frivolous cases. The lawyer can be even held in contempt of court.

OR

You may play a video posted on youtube.com about frivolous litigation, such as the one posted by:

The Audiopedia (https://www.youtube.com/watch?v=8HU-rzDuFYU)

or Audioversity (https://www.youtube.com/watch?v=hYMtQgZtzyY).

https://www.youtube.com/watch?v=BnU3sidMlls

https://www.youtube.com/watch?v=8HU-rzDuFYU

https://www.youtube.com/watch?v=hYMtQgZtzyY



Now, proceed to PRACTICE 6. Explain that the students are going to read a text about a famous case Liebeck vs.

McDonalds. Ask the students the questions in PRACTICE 6.

Probably, the students will think that this case is an example of a frivolous litigation. Do not explain the case to

them until they have finished reading the description of The ‘McDonald’s Hot Coffee Case’.

Read the text. Then ask the students the questions below it.

p. 81

SPEAKING 1: WHAT DO YOU THINK?

PRACTICE 7

The students should answer the questions asked in PRACTICE 7. For the sake of practice, in case of a group, you

may divide the students into two groups and assign them different tasks. Group 1 should claim that the

McDonald’s Hot Coffee Case was frivolous litigation, whereas Group 2 should defend that it was an important

and legitimate product liability case and that McDonald’s was negligent towards its customers.

Encourage the students to use the phrases for expressing opinions on pp. 17 – 18 in UNIT 1.

p. 81

PRACTICE YOUR VOCABULARY 1: REMEDIES IN TORT

In the McDonald’s Hot Coffee Case the court awarded two types of damages: compensatory and punitive (a.k.a.

exemplary damages). Why? What’s the difference between these two types of damages?

If the students struggle to answer, remind/explain that compensatory damages are intended to cover, i.e.

‘compensate’ the injured party for the damage he or she suffered; whereas, punitive damages are awarded in

addition to actual damages in certain circumstances. Punitive damages are considered punishment and are

typically awarded at the court's discretion when the defendant’s behaviour is found to be especially harmful.

Ask the students to think why both types of damages were awarded in the hot coffee case. When would it be

appropriate to award these damages? You may provide the following scenario:

A surgeon performs a surgery while intoxicated and commits a serious mistake. What kind of damages might

he/she face?

NOTE: explain the difference between the term damage (szkoda) and damages (odszkodowanie). Underline

that both are uncountable nouns.

Then, explain another common remedy that may be awarded in tort cases – namely an injunction.

You may use the following definitions:

Injunction is a judicial order restraining a person from beginning or continuing an action threatening or

invading the legal right of another, or compelling a person to carry out a certain act, e.g. to make

restitution to an injured party.



Ask students to come up with ideas of scenarios when an injunction could be sought. If they struggle, you may

prompt them by giving some examples. Injunction may be awarded for example in the following cases:

- IP infringement

- Stalking

- Defamation

- Breach of fiduciary duty

- Invasion of privacy

Now, it’s time to proceed to practice PRACTICE 8. Follow the instructions and assist the students as necessary.

The students should justify their answers.

Unless you’ve done PRACTICE 2 before, now it’s time to go back to it. If you’ve already done it, proceed to the

next part.

p. 82

SPEAKING 2: EXPRESSING SUGGESTIONS, RECOMMENDATIONS AND ADVICE

Ask the students the following questions:

How often do you advice others about law or make suggestions concerning their plans or behaviour? Or make

recommendations of any kind?

When was the last time you did it?

Can you tell us what advice, recommendation or suggestion you offered?

Write down their answers. You should use them to introduce the phrases in bold in the conversations on pp. 82–

83.

Now, ask the students to read Conversations 1, 2 and 3. Assign two students to each conversation. After the

students have read each conversation, ask them what it was about and what kind of advice, suggestion or

recommendation was offered in each. The students should try to use the phrases in bold.

Then, proceed to PRACTICE 10 and PRACTICE 11.

After that, distribute Handout 7 and ask the students to complete the gaps in the conversations with a suitable

phrase. It does not have to be exactly the same phrase as originally used in the conversation – as long as it makes

sense logically and is grammatically correct.

Next, distribute Handout 8. The students should rephrase each sentence using one of the expressions in the

table. Explain that they should rephrase these sentences so that they sound more polite.

Finally, proceed to PRACTICE 12. Ask the students to read the five scenarios describing problems that different

persons suffered. Ask the students to provide legal advice about the rights these people have and/or recommend

a possible course of action.

If necessary – with weaker students – read the suggested answers in the Answer Key on p. 248 and ask them if

they agree with the advice/suggestion given.



p. 86

USE OF ENGLISH 2: TRYING TO GET THROUGH ON THE TELEPHONE

Explain to your students that they are going to read a business telephone conversation. Teresa is calling a

company called Itex Ltd and would like to talk to the person who handles HR issues.

Ask the students to read the conversation and answer the questions above the text.

Then, distribute Handout 9. Ask the students to match the accurate phrases from the conversation.

p. 87

SPEAKING 2: TELEPHONING

Now the students should build their own conversations. Ask them to come up with different ideas why the person

they are trying to reach is unavailable (e.g. at a meeting / away from the office on a business trip / on vacation,

etc.).

pp. 87–89

NOW IT’S TIME FOR A MORE GENERAL REVIEW. PRACTICE 15 AND PRACTICE 16 SERVE THIS

PURPOSE. ASK YOUR STUDENTS TO DO THEM.

You may want to review the students’ vocabulary first. Ask the students to explain in their own words the terms

used in the box in PRACTICE 15.

p. 89

WRITING: LETTER OF ADVICE

Ask your students to read the instruction in PRACTICE 17. Ask them about the last letter of advice they wrote or

read. Did it also contain the same elements as mentioned in the instructions? What did it concern?

Then, match the paragraphs in the table with their corresponding titles. Explain that these are common examples

of phrases and/or sentences that are used in a letter of advice.

Next, ask the students to read the sample letter of advice in PRACTICE 18.

After that, ask the students to answer the following questions:

1. What is the purpose of the letter?

2. When did the client instruct the lawyer to act?

3. What happened? Why does the client seek legal advice?

4. Why may the opinion be changed?

5. What are the facts concerning the accident?

6. What kind of injuries did the client suffer?

7. How much did the client spend on medical expenses?

8. Did the cyclist admit liability for the accident?

9. Was the cyclist insured?

10. Did the cyclist have the right to ride on the pavement?

11. Was the cyclist’s behaviour reckless?

12. What does the law say about liability in tort?



13. Does the lawyer think that there are grounds to sue the cyclist?

14. What does the lawyer suggest doing first?

15. What is the ultimate step that the lawyer suggests?

Later, distribute Handout 10 that contains an example of another letter of advice with gaps. Ask the students to

fill in the gaps with adequate words (one word each gap). You may find the full text of this letter in the Answer

Key on pp. 248–249.

Finally, the students should write their own letter of advice. They may write a letter based on one of the scenarios

discussed in PRACTICE 12. This should be assigned as homework.

NOW IT’S TIME FOR FINAL REVIEW. Cut out the terms in Handout 11 and put them into a bag. These are all the

new terms discussed in this UNIT 4. The students should draw one term each time and form a sentence with

such term. Ideally, they should built sentences that refer to the topic of tort law, but not necessarily. It is

important that the term is used in a legal context.

Don’t overdo it. There are a lot of new terms. If you feel that the students are tired or get bored, stop this practice.

Next, distribute Handout 12. The students should use it for individual practice at home. It should help them

remember the terms discussed in this UNIT 4 as well as their spelling. They should translate the term first into

Polish; then they should cover or fold the column with the English version and this time translate from Polish

into English. They should repeat it as many times as necessary for them to remember all the terms and their

spelling.

END OF UNIT 4

Do you have any questions or comments about this material or the book? Write to me:

[email protected]

mailto:[email protected]



Handout 1

ANIMAL ATTACK (E.G. DOG

BITE)

DRUNK DRIVING

MEDICAL NEGLIGENCE

ASSAULT

FRAUD

MURDER

BATTERY

IMPROPER PERFORMANCE

OF A CAR REPAIR

PROVISION OF POOR

QUALITY SERVICES

BICYCLE ACCIDENTS

INSIDER DEALING

SLIP AND FALL ACCIDENTS

DEFAMATION

LATE COMPLETION OF

WORK

THEFT

DEFECTIVE PRODUCTS

LATE PAYMENT

TRESPASSING

DRUG DEALING

LITTERING

UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION



Handout 2

Fill in the gaps with an appropriate word or short expression:

What is a tort?

____________________ is a prohibited act under civil law, other than ____________________. It happens

when a person, called a ____________________, through an ____________________ or

____________________ harms another person, the ____________________. As a result, the injured party

____________________ or ____________________. If a tort is committed, the injured party may bring a

civil action against the tortfeasor.

Are there different categories of tort?

There are three general categories of torts: ____________________ torts, ____________________ torts,

and ____________________ torts. Negligent torts occur most often. This kind of tort happens because of a

breach of a duty of care, namely when a party fails to take as much care as is required by law in a particular

situation, and so causes injury to the injured party. Moreover, it was ____________________ that the

person's negligent actions would cause such injury. To give an example, imagine that you enter a bookshop

and a book falls on your head causing a serious injury. The shop owner is ____________________ for the

injury, because that person should always make sure that the shop is a safe place for customers. It was not,

because the shop owner did not exercise ____________________, which means that (s)he was negligent

and, therefore, such ____________________ caused harm to the customer.

Intentional tort is an act committed on purpose with the intention of causing harm to another person. Such

torts include ____________________, battery, ____________________, ____________________, or

trespassing.

Strict liability torts result from acts other than negligence or intent to harm another person, but due to a

breach of an ____________________ duty to ensure the safety of something, e.g. a product. Strict liability

categories include animals (the owner or possessor is liable for the actions of their animals), very dangerous

activities (e.g. storing explosive or emitting toxic fumes), and product liability (the producer is always

responsible for the harm caused by its ____________________ product).



How does a tort differ from an offence?

Tort is a civil wrong, which means it comes under the scope of civil law. On the other hand, an offence is a

criminal wrong which means it violates criminal laws. Under tort, the injured party will have to bring a civil

action if (s)he wants to be compensated for the harm suffered. A ____________________ of an offence, on

the other hand, will have to report an offence to the authorities and the offence will then be

____________________ by the prosecutor.

However, certain acts may be both a tort and an offence, and so may give rise to criminal liability and liability

____________________ at the same time. For example, if one person causes a drunk-driving car accident that

leads to serious injuries suffered by another person, then that person will be prosecuted for the accident

under the criminal law; however, the injured party may seek damages from that person in civil court

proceedings.

What kind of remedies can be awarded in tort?

Torts involve civil actions between private parties. Therefore, the remedies for such actions do not involve

fines or imprisonment. The most typical punishment for ____________________ acts is

____________________, which should ____________________ the damage or loss suffered by the injured

party. The compensation may also include expenses paid by the injured party, e.g. medical expenses. In the

case of some torts, such as trespassing, defamation or invasion of privacy, the court may order the tortfeasor

to do or not to do something. Such a remedy is called an ____________________. In addition, the court may

also award ____________________ damages if the court finds that the tortfeasor’s act was particularly

wrong, and so the court believes that the wrongdoer should be additionally punished, or would like to make

an example to others.



Handout 3

WHAT ARE THEY ACCUSING ME OF?

Decide what you are being accused of and what legal consequences may you have to face:

The company owner accuses me of _______________________

I may have to _________________________________________

My employer accuses me of _____________________________

I may have to _________________________________________

The mother of a little boy accuses me of ___________________

I may have to _________________________________________

My patient accuses me of ______________________________

I may have to ________________________________________

A client accuses me of ______________________________

I may have to ________________________________________

A passer-by accuses me of _____________________________

I may have to ________________________________________

What you wrote in

your article about

our company is a

lie!

You didn’t pay

attention and made

a serious mistake in

the price

calculation!

Your dog bit my

son! He needs

stiches!!!

You prescribed

me a wrong

dosage of drug

and I almost died!

I slipped on the

wet floor in your

shop and broke

my leg!

You didn’t secure the

construction site and

I fell into a hole in the

pavement!



Handout 4

DESCRIPTION OF A TORTIOUS ACT NAME OF A TORTIOUS ACT POSSIBLE REMEDY

BEATING SOMEONE UP

DAMAGE CAUSED BY THE EMPLOYER’S

STAFF

DISTRIBUTION OF FALSE INFORMATION

ABOUT SOMEONE

ENTERING SOMEONE’S PROPERTY

UNINVITED

HARMFUL USE OF EXPLOSIVES

HEALTH PROBLEMS CAUSED BY

SERIOUSLY WRONG MEDICAL DIAGNOSIS

LYING TO SOMEONE IN ORDER TO STEAL

THEIR MONEY

POISONING AFTER EATING A FOOD

PRODUCT

READING OTHER PERSON’S PRIVATE

CORRESPONDENCE

SNAKE BITE

STALKING

THREATENING TO KILL SOMEONE

WATER INTOXICATION

WINDOW BROKEN BY YOUR CHILD



Handout 5

TRANSCRIPT / Unit 4 / Track 4

Defamation

Torts include acts and ____________________ which cause harm to another person’s property, physical or

mental health, as well reputation.

For example, if someone makes a statement which harms the reputation of another person, such person may

sue for damages or may demand public apology and retrieval of such ____________________ statement.

Such tort is called ____________________.

Generally speaking, defamation involves a public statement which lowers a person in the estimation of other

members of society, or which makes them avoid such person or even exclude such person from the society

or a certain group.

A ____________________ statement must be false and harmful. That means that a statement which is true

will not be considered defamatory, even if it is harmful to the reputation of a person.

Defamation may be broken down to two categories: ____________________ and ____________________.

The first one takes the form of written or printed words, pictures, or in any form other than by spoken words

or gestures. The latter takes a ____________________ form, such as speech.

Defamatory ____________________ often lead to litigation. Defamation may be subject to both civil and

criminal ____________________.

If a defamation claim is successful the plaintiff can be awarded ____________________ damages or

____________________ damages. Courts can issue injunctions to prevent publication. Moreover, the

defamer may have to ____________________ defamatory statement and apologize.

When considering a defamation claim, it is important to ____________________ between the privacy rights

of private persons and those of public figures. There are specific restrictions applied to defamation claims

with regard to someone who holds public office or chooses to be in the public ____________________.

Although their position ____________________ public criticism, they have ability to defend themselves and

therefore cannot claim defamation unless the statement is not only proven to be false, but the

____________________ is proven to have known about it, but ____________________ disregarded that and

merely wanted to harm the reputation of a public officer. The same applies to publishers. Press articles may

not falsely ____________________ that any public figure is involved in some ____________________ activity

without any consequences.

Remember: your good name is your asset, so it’s crucial to protect it.



Handout 5a

TRANSCRIPT / Unit 4 / Track 4

Defamation

Torts include acts and omissions which cause harm to another person’s property, physical or mental health,

as well reputation.

For example, if someone makes a statement which harms the reputation of another person, such person may

sue for damages or may demand public apology and retrieval of such harmful statement.

Such tort is called defamation.

Generally speaking, defamation involves a public statement which lowers a person in the estimation of other

members of society, or which makes them avoid such person or even exclude such person from the society

or a certain group.

A defamatory statement must be false and harmful. That means that a statement which is true will not be

considered defamatory, even if it is harmful to the reputation of a person.

Defamation may be broken down to two categories: libel and slander. The first one takes the form of written

or printed words, pictures, or in any form other than by spoken words or gestures. The latter takes a transitory

form, such as speech.

Defamatory assertions often lead to litigation. Defamation may be subject to both civil and criminal liability.

If a defamation claim is successful the plaintiff can be awarded compensatory damages or exemplary

damages. Courts can issue injunctions to prevent publication. Moreover, the defamer may have to retract

defamatory statement and apologize.

When considering a defamation claim, it is important to distinguish between the privacy rights of private

persons and those of public figures. There are specific restrictions applied to defamation claims with regard

to someone who holds public office or chooses to be in the public eye. Although their position draws public

criticism, they have ability to defend themselves and therefore cannot claim defamation unless the statement

is not only proven to be false, but the defamer is proven to have known about it, but recklessly disregarded

that and merely wanted to harm the reputation of a public officer. The same applies to publishers. Press

articles may not falsely imply that any public figure is involved in some dubious activity without any

consequences.

Remember: your good name is your asset, so it’s crucial to protect it.



Handout 6

OUR ACCOUNTANT MADE A SERIOUS

MISTAKE IN THE CALCULATION OF VAT

FOR THE LAST QUARTER.

AS A CONSEQUENCE

TAX OFFICE CHARGED US WITH

INTEREST AND A FINE.



DEFAMATORY.

CAUSED



THERE WAS A HEAVY CRISIS IN THE

FINANCIAL MARKET.

DUE TO

MANY INVESTORS LOST THEIR

MONEY.

SOME PRODUCTS OFFERED BY OUR

COMPANY WERE DEFECTIVE.

GAVE RISE TO

MANY CUSTOMERS SUED FOR

DAMAGES.

OUR ADVISORS FAILED TO INFORM US

ABOUT SOME IMPORTANT FACTS

CONCERNING THE PROJECT FINANCING.

IN RESULT

WE DECIDED TO SUE THEM FOR

PROFESSIONAL MISCONDUCT.

TOM WAS DRIVING RECKLESSLY.

LED TO

HE CAUSED A SERIOUS ACCIDENT.

THE ATTACKER THREATENED TO KILL ME.

RESULT IN

I SUFFERED A STROKE BECAUSE OF

THE STRESS I EXPERIENCED.

THE JUDGE AWARDED PUNITIVE

DAMAGES.

BECAUSE

THE DOCTOR’S CONDUCT WAS

HIGHLY UNPROFESSIONAL AND

NEGLIGENT.

THE OWNER OF THE DOG THAT BIT MY

DAUGHTER DENIED LIABILITY.

SO

I BROUGHT ACTION AGAINST HIM

TO RECOVER THE COST OF PLASTIC

SURGERY MY DAUGHTER NEEDED.

A MAN FOLLOWED ME EVERYWHERE

INVADING MY PRIVACY.

THEREFORE

I HAD TO SEEK AN INJUNCTION IN

COURT TO STOP THE STALKER.



Handout 6a

OUR ACCOUNTANT MADE A SERIOUS

MISTAKE IN THE CALCULATION OF THE

VAT TAX FOR THE LAST QUARTER. (OUR

ACCOUNTANT’S MISTAKE)

AS A CONSEQUENCE

TAX OFFICE CHARGED US WITH

INTEREST AND A FINE.



DEFAMATORY. (YOUR DEFAMATORY

STATEMENT)

CAUSED



(DAMAGE TO MY REPUTATION)

THERE WAS A HEAVY CRISIS IN THE

FINANCIAL MARKET. (A HEAVY CRISIS)

DUE TO

MANY INVESTORS LOST THEIR

MONEY.

SOME PRODUCTS OFFERED BY OUR

COMPANY WERE DEFECTIVE. (WHICH)

GAVE RISE TO

MANY CUSTOMERS SUED FOR

DAMAGES. (CUSTOMERS’ CLAIMS

FOR DAMAGES)

OUR ADVISORS FAILED TO INFORM US

ABOUT SOME IMPORTANT FACTS

CONCERNING THE PROJECT FINANCING.

(OF OUR ADVISORS FAILURE TO INFORM)

IN RESULT

WE DECIDED TO SUE THEM FOR

PROFESSIONAL MISCONDUCT.

TOM WAS DRIVING RECKLESSLY.

(TOM’S RECKLESS DRIVING)

LED TO

HE CAUSED A SERIOUS ACCIDENT.

THE ATTACKER THREATENED TO KILL ME.

(THE ATTACKER’S THREAT TO KILL ME)

RESULT IN

I SUFFERED A STROKE BECAUSE OF

THE STRESS I EXPERIENCED. (ME

SUFFERING A STROKE)

THE JUDGE AWARDED PUNITIVE

DAMAGES.

BECAUSE

THE DOCTOR’S CONDUCT WAS

HIGHLY UNPROFESSIONAL AND

NEGLIGENT.

THE OWNER OF THE DOG THAT BIT MY

DAUGHTER DENIED LIABILITY.

SO

I BROUGHT ACTION AGAINST HIM

TO RECOVER THE COST OF PLASTIC

SURGERY MY DAUGHTER NEEDED.

A MAN FOLLOWED ME EVERYWHERE

INVADING MY PRIVACY.

THEREFORE

I HAD TO SEEK AN INJUNCTION IN

COURT TO STOP THE STALKER.



Handout 7

Complete the gaps in the below conversations with an appropriate phrase used to express suggestions,

recommendations and advice. Pay attention to the grammar accuracy:

Conversation 1: (colleagues at a law firm)

Ann: Rob, could you help me? I have too much work and I’m afraid I won’t get my documents ready for

the meeting with the client.

Rob: Sorry, I can’t. I’m running to court just now. _______________________ ask Jane? She should be

able to help you.

Ann: I have already. She’s busy, too…

Rob: And _______________________ Tom? You _______________________ ask him.

Ann: I think he’s out of the office. Thanks anyway. I’ll try to manage on my own.

Conversation 2: (at the lawyer’s office)

Lawyer: Good morning, Ms Jones. It’s nice to see you again. Please, have a seat.

_______________________ get straight to the point? I have analysed your situation and I think

_______________________ if you settle with the claimant.

Client: Really? I thought we have a strong case against him. Why should I settle?

Lawyer: Unfortunately, your position is not so strong here. You _______________________ remember

that he recorded your conversation where you threatened to terminate the contract if he does

not reduce the agreed price. _______________________ go to court with this case. The court will

probably think that you terminated the contract without any reason after the claimant refused to

reduce the price, which he was allowed to. I think _______________________ start negotiating

an out-of-court settlement.

Client: Well, and how much should I offer?

Lawyer: First, you need to hear how much he is expecting to get. Then, you _______________________

negotiate a lower amount, if possible. I _______________________ we should write to his lawyer

and invite them to a meeting. I _______________________ that you should take this seriously if

you want to avoid more serious consequences. Blackmailing may give rise to severe liability.

Client: I’ll think about it and will let you know my decision by the end of the day. Thank you, Mr Smith.

We’ll be in touch.



Conversation 3: (junior lawyer talking to a senior partner)

Lawyer: Ms Lawson, thank you for taking the time to discuss my problem.

Partner:

Not at all, Terry. We all work for the common interest. _______________________ all the juniors

understood that. So, _______________________ get to the point. How can I help you?

Lawyer:

I am not sure if I should proceed with the case in court, or offer to settle. On the one hand, our

arguments are strong; however, on the other hand, the client would like to end this dispute quickly.

Partner: You know what they say: The client is king. _______________________ do what the client asks you

to do.

Lawyer:

Yes, I know that. But the client is not really willing to negotiate his position. It will be impossible to

settle, unless he agrees to lower his demands.

Partner:

I understand. I _______________________ meeting with the client and presenting him all the

possible outcomes. I _______________________ explaining to the client that the court may award

lower damages, or may even find in favour of the other party, in which case then the client would

get nothing.

Lawyer: Thank you, Ms Lawson. That’s what I’m going to do.

Partner: Good luck! And let me know what the client decides.



Handout 8

Rephrase the following sentences using one of the expressions from the table below - do not change the

meaning:

HOW ABOUT

LET’S

SUGGEST

IF I WERE YOU

OUGHT TO

WHY DON’T YOU

IT WOULD BE BEST

RECOMMEND

WOULD RECOMMEND

IT WOULD BE BEST

SHALL

WOULD SUGGEST

IT’S (HIGH) TIME

SHOULD

YOU’D BETTER

1. Amend the contract as they ask you to.

2. Can’t you offer them a bonus?

3. Don’t do that.

4. Don’t give them all the facts.

5. Don’t use that product – it’s dangerous.

6. Go to court and sue them for damages.

7. I think you should take a different course of action.

8. It’s important to pay these fees on time.

9. Just accept their offer.

10. Stop discussing our business secrets with everybody!

11. Stop infringing their IP right now!

12. We must change our approach to costs or else we’ll go bankrupt.

13. You must not be late.

14. You need to seek an injunction in court.

15. You should answer them ASAP.



Handout 9

WHAT DO YOU SAY WHEN YOU I SAY:

Ask for someone’s telephone number

Ask if someone wants you to do something more for him/her

Ask someone to wait

Ask that someone informs about your call

Confirm that you’ve got the right information

Express your appreciation (2x)

Inform that you will check if someone if free

Inform where you work

Offer to help

Offer to take the message

Politely offer to do something

Say that someone is talking on the phone

Say what you want to do

Say you will wait

Want to know the purpose of the call

Want to talk with someone



Handout 10

Dear Mr. Miller,

_____________________________ our conversation when you _____________________________ our firm to analyse

available remedies you may _____________________________ in court against the producer of defective product,

namely a tyre which burst while you were driving on a motorway inflicting serious _____________________________,

please _____________________________ below my opinion.

This opinion is _____________________________ on the facts and documents presented by you and may be changed if

any new facts are _____________________________.

According to the facts _____________________________ by you, you purchased a set of brand new tyres at the

manufacturer’s show room, where they were also installed onto your car. You presented a supporting invoice issued by

the producer. The accident took place two days later, on January 9, 2018 in the evening. You were driving a motorway at

approximately 100 km/h when you heard an explosion and you lost control of your car. You ran into a ditch on the side of

the motorway. In consequence, you _____________________________ multiple injuries and had to be hospitalized. You

_____________________________ over PLN 5000 on various medical expenses, as demonstrated by the

_____________________________ documentation. Moreover, your car was declared unfit for driving due to total damage

_____________________________. Following investigation, it was determined that it was the defective tyre which burst

and caused the accident. You were driving below the permitted speed limit. You have _____________________________

the tyre producer to pay the above said medical expenses, however, he _____________________________ claiming that

it was just an accident and could have happened to anyone.

The law clearly _____________________________ that producers bear strict _____________________________ for their

products, and so they are bound to _____________________________ the damage suffered by the person injured by

such products. Therefore, we believe that you have _____________________________ legal grounds to bring an

_____________________________ against the producer on the grounds of strict product liability. You may sue for

_____________________________ which will cover the amount of your medical expenses. However, I suggest

_____________________________ the producer of you intention to sue requesting him again to pay the said expenses.

In such cases, producers are often willing to _____________________________ out of court. I may prepare a suitable

letter if you decide so. If he refuses, then I recommend _____________________________ a claim with the court. I may

prepare a _____________________________ of claim to be filed with the court whenever you request so.

Moreover, you ought to prepare all the medical documentation and receipt confirming your expenses.

Should you have any questions, do not hesitate to contact me.

Yours sincerely,

Jan Marciniak

Lawyer



Handout 11

ABSOLUTE DUTY

CRIMINAL LIABILITY

INJURED PARTY

THIRD-PARTY LIABILITY

INSURANCE

ACT

DAMAGE

INJURY

TORT

ASSAULT

DAMAGES

INSURED

TORT LAW

BATTERY

DEFAMATION

INTENTIONAL TORT

TORTFEASOR

BREACH OF CONTRACT

DEFECTIVE PRODUCT

INVASION OF PRIVACY

TORTIOUS ACT

BREACH OF WARRANTY

DUTY OF CARE

LIABILITY IN TORT

TRESPASSING

CIVIL LAW

EMOTIONAL DISTRESS

LIABLE

VICTIM

CIVIL LIABILITY

EXERCISE DUE CARE

LIBEL

WARRANTY

CLAIM FOR DAMAGES

FAMILY LAW

LOSS

SOLID LEGAL GROUNDS

COMPENSATE

FILE WITH THE COURT

MEDICAL NEGLIGENCE

STALKING

COMPENSATION

FORESEEABLE

NEGLIGENCE

STATEMENT OF CLAIM

COMPENSATORY

DAMAGES

FRAUD

PROPERTY LAW

STRICT LIABILITY TORT

CONTRACT LAW

GIVE RISE TO

PROSECUTE

SUFFER DAMAGE

CONVERSION

HARASSMENT

PUNITIVE DAMAGES

TERMINATE THE

CONTRACT

CRIMINAL LAW

INFLICT DAMAGE/LOSS

RECKLESS

SLANDER

INJUNCTION

INHERITANCE LAW

SETTLE

REDRESS

NEGLIGENT

ON THE GROUNDS OF

SEEK DAMAGES

PRODUCT LIABILITY

NEGLIGENT TORT

OUTCOME

OMISSION

NUISANCE



Handout 12

English Polish English Polish English Polish English Polish

absolute duty

act

assault

battery

breach of contract

breach of warranty

civil law

civil liability

claim for damages

compensate

compensation

compensatory damages

contract law

conversion



criminal law

criminal liability

damage

damages

defamation

defective product

duty of care

emotional distress

exercise due care

family law

file with the court

foreseeable

fraud

give rise to

harassment

inflict damage/loss



inheritance law

injunction

injured party

injury

insured

intentional tort

invasion of privacy

liability in tort

liable

libel

loss

medical negligence

negligence

negligent

negligent tort

nuisance



omission

on the grounds of

outcome

out-of-court settlement

product liability

property law

prosecute

punitive damages

reckless

redress

seek damages

settle

slander

solid legal grounds

stalking

statement of claim



strict liability tort

suffer damage

terminate the contract

third-party liability insurance

tort

tort law

tortfeasor

tortious act

trespassing

victim

warranty

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