Home
Science
I.T.
Arts

The Liquidation of Damages under the Maltese system of Tort  


Abstract Category: Laws
Course / Degree: Doctor of Laws
Institution / University: University of Malta, Malta
Published in: 2003


Long Essay Abstract / Summary:

The nature of the law of tort, generally speaking, is to assess whether damage to the property, or person, of an individual has been caused by another. This seemingly simple statement conceals an immensely complex area of civil law, which attempts to establish the occurrence of such facts, and the responsibility of the parties to the case in assessing a quantity of monies to be paid to the victim of such acts from which one has detracted some loss. Hence the courts, try to establish a restitutio in integrum for the victim, in monetary terms , both on the contents of positive law, and on the principles of equity.

It is a concept originating from Roman Law, more specifically perhaps, from Ulpian’s praecepta juris where the concept was one of alterum non laeders, based on the principle of natural justice: naeminem laedere. This is crystallised in our law of tort; consequently this makes any person liable for damage, caused to another, and which is occasioned by his own fault . The law does indeed go into extensive detail, giving direction as to who and where, this form of liability is incurred. This assists the courts in identifying with greater ease, the cause of the damage claimed and the level of responsibility, that the defendants accrue in this respect. And therefore not every individual is equally responsible at law for his actions; exceptions, as in defences for criminal offences, occur also here, although that which negates criminal responsibility does not necessarily visciate civil liability here. Hence a person who is normally incapacitated in criminal proceedings may very well be considered to be liable under tort.

However, the scope of this assignment goes beyond the determination of the responsibility of the individual, and therefore the author shall not delve into the nuances of who incurs this form of civil liability, but will instead digress to the main theme, and therefore the liquidation of the damage, once this has occurred, under our present system of law . A comparative analysis with the common and civil law systems is also included, in an attempt to understand where, if any, lack of redress is not awarded by the Maltese Courts. An interesting feature of this branch of the law, is that, particularly because the law is not so elaborate on the question of the measure of damages to be made payable to the plaintiff, there has been scope for development and reform, of the manner in which damages are rewarded, albeit that one feels that much more could be done in order to make more adequate provision in view of the losses sustained.


Long Essay Keywords/Search Tags:
damnum emergens, lucrum cessans, danno biologico, liquidation of damages, tort, bologna tables, maltese jurisprudence, italian case-law, english common law, liability, contributory, negligence

This Long Essay Abstract may be cited as follows:
Calleja, E. (2003), Law of Tort, Unpublished Doctor of Laws Long Essay, University of Malta


Submission Details: Long Essay Abstract submitted by Etienne Calleja from Malta on 13-Oct-2003 02:21.
Abstract has been viewed 2933 times (since 7 Mar 2010).

Etienne Calleja Contact Details: Email: eac1024@onvol.net



Disclaimer
Great care has been taken to ensure that this information is correct, however ThesisAbstracts.com cannot accept responsibility for the contents of this Long Essay abstract titled "The Liquidation of Damages under the Maltese system of Tort". This abstract has been submitted by Etienne Calleja on 13-Oct-2003 02:21. You may report a problem using the contact form.
© Copyright 2003 - 2024 of ThesisAbstracts.com and respective owners.


Copyright © Thesis Abstract | Dissertation Abstracts Thesis Library 2003-2024.
by scope.com.mt @ website design