| CODE | CVL3021 | ||||||
| TITLE | Tort Law in Comparative Perspective | ||||||
| UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | The aim of this study-unit in civil law is to explore Maltese tort law in depth from the perspective of comparative law and the emerging European jus commune in this area. In particular we will explore the relationship between tort law and insurance as well as the objectives of damages in tort and the EU influence on the law of tort. We will then focus on various fields to which the protection of tort law has been extended, particularly in regard to personality rights; environmental liability, the unlawful conduct of public authorities; protection of life, physical integrity, health and freedom; economic interests and company law; the liability of the producer, professional responsibility and the responsibility of employers. Finally we will explore the theories of risk and of objective responsibility as well as various forms of compensation of different kinds of damage. Learning Outcomes: On completion of this unit, students should: • Have acquired an in-depth understanding of Maltese tort law; • Be able to compare how different European legal systems tackle similar problems in tort law relating to imputability, causality, the role of fault and the assessment of compensable damage; • Understand the practical applications and implications of tort law in relation to insurance, damages and the allowable range of claimants; • Be able to explore how issues of concurrent liability arise and are determined in various European legal systems; • Understand the role played by French, Italian, German and English law in shaping our law of tort. Selected Bibliography: • Principles, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference (DCFR), Interim Outline Edition found at: http://webh01.ua.ac.be/storme/DCFRInterim.pdf • Von Bar, Christian “The Common European Law of Torts” Volumes 1 & 2 Oxford University Press, 2000 • Van Gerven, Walter “Tort Law: Scope of Protection” Oxford Hart Publishing, 1999 • Markesinis, Basil et al “Compensation for Personal Injury in English, German and Italian Law: A Comparative Outline” Cambridge Studies in International and Comparative Law, Cambridge University Press, 2005 • Markesinis, Basil et al “German Law of Torts: A Comparative Treatise” Oxford Hart Publishing, 2002 • Markesinis, Basil et al “Markesinis and Deakin's Tort Law” Oxford University Press, 2007 • Palmer, Valentine “Pure Economic Loss: New Horizons in Comparative Law” Routledge Cavendish, 2008. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||
| STUDY-UNIT TYPE | Lecture and Seminar | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Paul Cachia David E. Zammit |
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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. |
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