Study-Unit Description

Study-Unit Description


CODE CVL3000

 
TITLE Law of Obligations

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 10

 
DEPARTMENT Civil Law

 
DESCRIPTION This study-unit is taught during the LLB III Year of the Bachelor of Laws degree. It will address the Civil Code provisions relating to Obligations. The law of Obligations is a fundamental part of our legal system and students will be expected to know the Maltese law in great depth. The study-unit will concentrate on Obligations in general, Pre-contractual liability, Contract, Quasi-contract, Tort and Quasi-tort, the Modalities of Obligations, the Effects of Obligations, the Modes of Extinction of Obligations and the Proof of Obligations. Particular attention will be given to Tort law, as also to Payment, Novation Set-off and Rescission. Students will be expected to adopt a comparative approach and to demonstrate a thorough knowledge of the decisions on the Maltese courts.

Study-unit Aims:

This study-unit aims to:
- Comprehensively explain and comment upon Title 4 of part II of the second book of the Civil Code (articles 959-1235).
- Contextualise the relevant principles and rules contained in the Civil Code in relation primarily to the extensive jurisprudence that has developed in this regard, the opinions of leading jurists and the principles which govern the law of Obligations in other European jurisdictions.
- Explore the relationship between the fundamental rules and principles regarding Obligations with the rules and principles found in other areas of law (i.e. the interaction which is developing between human rights and tort law).
- Provide authoritative guidance on the fundamental principles of the law of Obligations in the Civilian tradition.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will:
- Have a thorough understanding of the Civil code provisions relating to Contract, Quasi-Contract, Tort and Quasi-Tort, including the Modalities of Obligations and the Extinction of Obligations;
- Have mastered many of the leading judgments in the field so as to be able to demonstrate how they have contributed to our understanding of Maltese law;
- Have understood fundamental legal doctrines such as the will theory in contract law and the theory of fault in tort law.

2. Skills:

By the end of the study-unit the student will be:
- Able to analyse complicated legal relationships in terms of the responsibility of the key actors involved, both in terms of its nature (contractual, quasi-contractual and so on), its degree and its implications for each of these actors;
- Able to apply the legal principles and provisions they have learned to hypothetical factual case studies.
- Able to draw selectively upon Civilian and Common law sources in order to explain and comment upon the principles found in the Civil Code relating to Obligations.
- In a position to follow more advanced study units relating particularly to select contracts, Commercial Obligations, Consumer law and Comparative Private law more generally.

Main Text/s and any supplementary readings:
(availability at the Library or otherwise is indicated against each entry)

- Civil Code (1868: Chapter 16, Laws of Malta): Book Two, Part Two, Title IV (Articles 959-1235) - In the library
- Bianca Massimo C., 2001, Diritto civile. Vol. 3, 4 & 5: Il Contratto, L'Obbligazione, La Responsabilita`, Editore A. Giuffrè.
- J.M.G. Ganado (1978) Third Year Lecture Notes in Civil Law (Malta University Press) - In the library
- G. Giorgi (1900) “Teoria delle Obbligazioni nel Diritto Moderno Italiano” (1900) - In the library
-James Gordley, (2007), Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment, Oxford: University Press.
- B. Nicholas (1996) “French Law of Contract” - In the library
- Mazeaud, Henri et Léon, et Francois Chabas.(1991) ~Lecons de Droit Civil raité théorique et pratique de la responsabilité civile délictuelle et contractuelle - Vol. ii Book 1, Obligations, Paris - In the Law Faculty Library
- W. van Gerven, J. Lever and P. Larouche, (2000) ''Cases, materials and text on national, supranational and international Tort Law'', Hart Publishing, Oxford - In the Library
- Von Bar, C. (1999) "The Common European Law of Torts", Volumes One and Two, Oxford: University Press - Not in the library
- K. Zweigert and H. Kötz (1998) “An Introduction to Comparative Law” Chapters on Contract, Tort and Unjustified Enrichment) - In the library
- Zammit, David: (2002) Does the Non Cumul Doctrine Exist in our Civil law? Id-Dritt, - Available online
- Decisions of the Maltese Courts as published in the Kollezzjoni Decizjonijiet tal- Qrati Superjuri (In the library) and as available online
- Emendi fil-Ligi dwar Danni Civili, 2010 White Paper published by the Ministry for Justice and Home Affairs.

-Various unpublished LLD dissertations available in the Melitensia section of the library, particularly:- Joseph Caruana Scicluna, (1977) Notion of Responsibility in Tort; Nadia Helena Borg, (2004) Compensation for Damages in Fatal Injuries: An Investigation of Maltese Law in the Light of Comparative Law and the Proposed Amendments to the Civil Code, Buontempo Natasha (2004) Government Liability in Tort and in the cases of Judical Review, Jonathan Thompson (2010), Defences to Liability in Tort, Tonna Antonella, (2003) The concept of Danno Biologico and the case for its introduction in Maltese law, Stephanie Vassallo (2010), The Principle of Good Faith in the Negotiation and Performance of Contracts, Vella Veronica (2004) The Rights of Third Party Beneficiaries under Contract: A Historical Review in the Light of Recent Developments.

 
ADDITIONAL NOTES University of Malta students taking this study-unit need to have a background in law.

Erasmus/Socrates students should not take this study-unit as it requires knowledge of Maltese case decisions.

Tutorials/Seminars:

A series of tutorials and seminar sessions will be held throughout, with the aim of guiding students in their Civil law research, training them to apply the law to practical situations and preparing them for the exam. All students are expected to attend these tutorials and seminar sessions.

 
STUDY-UNIT TYPE Lecture, Independent Study, Seminar and Tutorial

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 10%
Presentation SEM2 No 10%
Examination (3 Hours) SEM2 Yes 80%

 
LECTURER/S Tonio Mallia
Lawrence Quintano
David E. Zammit (Co-ord.)

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit