Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/59936
Title: Objective liability : does it have a place within our legal system?
Authors: Borg, Daniela
Keywords: Torts -- Malta
Liability (Law) -- Malta
Issue Date: 2007
Citation: Borg, D. (2007). Objective liability: does it have a place within our legal system? (Master's dissertation).
Abstract: Tort law under Maltese law is mainly based on fault liability where the decision as to whether to compensate a plaintiff is determined primarily on the basis of whether the defendant was at fault. According to Article 1032(1) of the Civil Code 'A person shall be deemed to be in fault if, in his own acts, he does not use the prudence, diligence and attention of a bonus paterfamilias'. This thesis however analyses other areas of the civil code as well as other statutes which seem to depart form the general principle of fault and move more towards objective liability. This exercise is done in order to explore the possibility of introducing objective/ no fault liability into the Maltese tort system, where entitlement to compensation is not linked to the ability to prove that a person's injuries were due to the fault of another. The discussion as to whether or not objective liability has a place within the Maltese tort system is dealt with in Chapter 4. This Chapter also discusses briefly the manner in which such a regime would be implemented into our law. Chapter 1 provides a general understanding of tort law and in particular the regime of objective liability. The weaknesses and strengths of objective liability are weighed against those of fault liability in order to be able to discuss the room for the development of objective liability in Maltese tort law in Chapter 4. Chapter 2 examines the legal systems of England, France, Italy and Austria which have restricted, limited or evaded the pure principle of fault in tort law, or even abandoned it quite openly for certain types of accidents. The main content of chapter 3 on the other hand consists of an analysis of the presence of objective liability in Maltese law. This study is not only limited to the Civil Code. Rather it extends to various statutes of the laws of Malta which impose liability on an individual irrespective of fault on his or her part.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/59936
Appears in Collections:Dissertations - FacLaw - 1958-2009

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