https://www.um.edu.mt/library/oar/handle/123456789/1890 2026-04-11T14:08:00Z 2026-04-11T14:08:00Z https://www.um.edu.mt/library/oar/handle/123456789/41692 2019-04-08T08:28:27Z 2016-01-01T00:00:00Z

Title: The distinctive features of tortious responsibility for football injuries Abstract: Ever since its inception in 1863, football has been generating millions and millions of fans from every part of the world; with many regarding it as the world’s most popular sport. It is a game that fuels emotions and this may well lead to a disregard for safety issues. This thesis considers the legal aspects of personal injuries in professional football, where it is considered as a means of livelihood, and amateur football where on the other hand the game is merely regarded as a pastime. In relation to these legal matters the author will primarily delve into questions which are constantly asked regarding two fundamentals of the law dealing with football injury claims. Firstly what are the standards that legislation and jurisprudence seek to attain in order to protect those who participate in contact sports? Secondly what are the tools in tort law in order to protect and enforce such standards? Moreover is it fair that legal standards can vary depending upon the kind of conduct engaged in by members of society? Say, if two individuals are both running down a station platform in order to catch a train and one of them intentionally trips the other up, the former may definitely be held accountable at law. However if the same two individuals are this time running on a football pitch chasing the ball and one of them trips the other, the former may possibly not be held accountable at law. The fact that one is involved in a sports may seem to provide an exception to the normal standards to which people are expected to conform in everyday life. These enquiries shall be addressed with particular reference to comparative as well as Maltese law. As there is a lacuna in our jurisprudence and legislation specifically in relation to such injury claims, this thesis shall be based on comparative law and reasoning by analogy. It shall explore legal routes which the Court could adopt in order to impose liability on or exonerate the alleged tortfeasor. As the subject is already a tangled one, given the need to reconcile the rules of football and those of tort law and the multiple potential tortfeasors, the thesis will concentrate on the liability of footballers and their respective football clubs and in addition a specific chapter will be dedicated to other typical situations generating football injury claims from which the liability of professional footballing bodies, referees and event organizers may ensue. Besides these scenarios, in the realm of football, there are other situations in which tortious liability may arise, including those which cover the injuries suffered by football spectators. Yet due to word limitation, the author, basing himself on personal experience, will focus on those situations which he believes are the most common, recurring and deserve deeper elucidation. Description: LL.D.

2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/39894 2024-02-22T15:00:23Z 2018-01-01T00:00:00Z

Title: Immovable property tax : towards a more simplified legislation Abstract: This Term Paper delved into the fiscal legislation with its primary focus on the current applicable rates of duty and capital gains tax, as governed by the Duty on Documents and Transfers Act and the Income Tax Act respectively, levied upon a transfer of immovable property by public deed. This proves the interlinkage between the fiscal law and the notarial profession. In Section 1 and Section 2, an overview of the literature review and a discussion on the research methodology were provided, wherein the salient works consulted and the employed methods for research were underlined respectively. In Section 3, the applicable chargeable rates of duty and tax on property transfers were assessed through practical and common scenarios dealt with by notaries. Given the extensive nature of the fiscal legislation, particularly remarking the rules contained in various subsidiary legislations and legal notices, the assessment was not conducted solely through scenarios but a separate analysis was also provided. Adopting a holistic approach, Section 4 evaluated the need for a simplification of the present fiscal laws and suggestions were consequently proposed by highlighting some of the difficulties encountered by local practicing notaries in tax computation as well as putting forward the possibility of having one principal law regulating the tax due on property transfers whilst also assessing its viability and practicality. Description: LL.B

2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/39893 2021-07-12T06:31:26Z 2018-01-01T00:00:00Z

Title: To cross-examine or not to cross-examine and the pertinent law of procedure : the role of cross-examination in seeking the attainment of justice Abstract: Very often, unfortunately, the art of cross-examination is not given the amount of importance it so deserves. Its role in a court case may make the case go in either direction since it strives to challenge, or confirm, the testimonies of witnesses. It can also be argued that cross-examination is as imperative as the position held by a judge. Since cross-examination might be the only possible or last resort to challenging a wrong set of alleged facts, this may be the only chance whereby the judge or magistrate may have the proper opportunity to arrive at a conclusion based on the correct facts of the case - rather than being given no choice but to deduce conclusions on the wrong alleged facts. In a given legal suit, a particular party might know with all certainty that it is their version of facts which is the correct one. However, if a witness gives testimony to a wrong set of facts without any particular intent to do so, or purposely lies or conceals the truth for whatever interest they may have, one of the only possible guarantees to attaining justice is through the cross-examiner. Such counsel will attempt to discredit the credibility of the testimony of the opposing party’s witness, in front of the adjudicator, so that such adjudicator may then, through this, come to the proper conclusion based on the proper facts; i.e. to truly attain justice. It should be noted that the approach herein adopted in this Term Paper is an interdisciplinary approach. An approach which is attempting to rationally consolidate the legal and non-legal realms of cross-examination. Description: LL.B

2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/39892 2020-05-18T09:47:34Z 2018-01-01T00:00:00Z

Title: Pre-contractual liability and the juridical implications of 'Peter Fenech Av Noe vs. Dipartiment tal-Kuntratti' Abstract: The focus of the term paper is that of identifying the implications that the landmark judgment Peter Fenech Av noe vs. Dipartiment tal-Kuntratti will have on future case law and the development of the Maltese Civil Code. Namely, it addresses the issue on the nature of pre-contractual liability, concluding that, considering the characteristics of the doctrine, it is not to be classified as contractual or tortuous, but as dritte spur, that is, opening up a third lane for liability between contract and tort. Accordingly, the prescriptive period for pre-contractual liability should fall somewhere in between 2 to 5 years, the respective prescriptive periods for contract and tort, thus requiring legislative intervention. Furthermore, the term paper delves into the issue of interesse negativo, highlighting the significance of restricting pre-contractual damages to the expenses incurred in good faith, in anticipation of the conclusion of a contract which does not materialise. While this judgment, being the first Maltese case to accept and apply pre contractual liability, is said to shape future cases, the lack of actions filed on the basis of pre-contractual liability is evidence that the implications of this judgment are not yet aware of. In order to remedy this and ensure clarity and consistency in judgments, the Civil Code should introduce a specific provision catering for pre contractual liability. Bearing in mind the importance of acting in good faith during negotiations, it is ideal that article 993 is amended to apply to pre-contractual stages. Description: LL.B

2018-01-01T00:00:00Z