The implications of Alexander Caruana et vs Daniel Bonnici on the awarding of damages according to article 1045 of the Civil Code (Chapter 16 of the Laws of Malta)

Abstract

In a civil action in tort, the damages that an injured individual may claim are primarily dictated by the application of article 1045 of the Maltese Civil Code. This article caters for the provision of actual calculable expenses suffered, as well as loss of future earnings, both as a result of the harm caused to the victim. Throughout the years, the courts of Malta have consistently interpreted this article in a rather limited manner – focusing on the estimation of the loss of earnings of the direct victim of the accident. In the case of Alexander Caruana et vs Daniel Bonnici, the court departed from the status quo by calculating the loss of future earnings of the victim’s mother. The conclusion arrived at by the court seems fair, though the line of reasoning is open to debate and its consequences far reaching.