The conceptual basis and practical implications of compensating psychological harm in Maltese Tort Law

Abstract

What is psychological harm? Is it compensated in tort law? Is it treated differently in common and civil law jurisdictions? What is the Maltese legislative and juridical approach towards this personal injury? These are some of the main questions which this thesis aims to answer. A conceptual analysis, both from the medical and the legal standpoint of psychological harm, is conducted in the first chapter of this thesis. The purpose behind the medical analysis is to highlight that distressing events can and do cause non-patrimonial harm which shall, according to the principle of restitutio in integrum be compensated. On the other hand the legal analysis shall raise a number of queries including that concerning the legal distinction between psychological and moral harm. Following the conceptual analysis of psychological harm, the paths pursued towards recognizing this form of personal injury in particular jurisdictions shall be analyzed. In the second chapter a comparative overview is conducted. From the jurisdictions of England, France and Italy the author draws on methods which may be useful to analyze how the Maltese system can legally classify and compensate psychological harm as a head of damage. The third and final chapter of this thesis shall examine Maltese tort judgments which compensated psychological harm, whether directly or otherwise. This shall highlight emerging issues such as the occurrence or otherwise of physical harm together with psychological harm, the calculation of the degree of harm, how it is compensated for, and other issues. Finally this thesis shall provide some suggestions as to whether Maltese law can possibly be improved to better deal with psychological harm in tort, and how this can be done.