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Study-Unit Description
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CODE LAS1045

 
TITLE Compensation for Tort Damage: Your Legal Rights

 
LEVEL I - Introductory Level

 
ECTS CREDITS 4

 
DEPARTMENT Centre for the Liberal Arts and Sciences

 
DESCRIPTION Maltese Tort Law provides that any act, committed by one part due to his fault and which causes damage to another, creates an obligation to compensate the injured party. The practical and everyday implications of Maltese Tort Law are highlighted through a study of the tort law provisions in the Maltese Civil Code. The legal provisions will be explored so that the general and specific characteristics of tort law are identified. The elements required for one to be liable under the law of tort are brought out by practical examples which emanate from judgements of Maltese courts. These are compared with the legal texts and jurisprudence from other countries so that the similarity of Maltese tort law with that of other jurisdictions provides an explanation of the source of our law.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the Unit the student will be able to:
- Understand the tort law provisions in the Maltese Civil Code.
- Understand the elements which Maltese courts have deemed to constitute liability in tort.
- Define the meaning and implications of fault, damage to others and the link between tortfeasor and victim.
- Understand how Maltese courts have applied tort law in order to award compensation where a person has suffered harm through damage caused to him by another person.
- Understand how Maltese tort law compares with, or deviates from tort in other countries hence, cite the main sources of our law of tort.

2. Skills:

By the end of the Unit the student will be able to:
- Identify and make reference to the legal text which makes up tort law in the Civil Code.
- Identify which elements make a person liable to pay compensation for tort.
- Understand how these elements have been applied to everyday situations, as explained through a reading of court judgements.
- Understand his rights when harm is caused by others; be aware of rights of others to avoid liability in tort.

Main Text/s and any supplementary readings:

Suggested reading material:

- Slides and copies of selected readings/court judgements from lectures.
- Caruana Scicluna Joseph, Notion of Responsibility for Tort (LL.D. Thesis, University of Malta 1977).

Further Reading:

- Lawson FH and Markesinis Basil S, Tortious Liability for Unintentional Harm in the Common Law and the Civil Law Vol I (Cambridge University Press, Cambridge 1982).
- Lawson FH and Markesinis Basil S, Tortious Liability for Unintentional Harm in the Common Law and the Civil Law Vol II: Materials (University Press, Cambridge 1982).
- Van Gerven Walter, Cases, Materials and Text on National, Supranational and International Tort Law, Scope of Protection (Hart Publishing, Oxford 1999).

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Resit Availability Weighting
Assignment Yes 100%

 
LECTURER/S

 
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 study-unit description above applies to the academic year 2017/8, if study-unit is available during this academic year, and may be subject to change in subsequent years.
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