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Title: Notion of responsibility for tort
Authors: Caruana Scicluna, Joseph
Keywords: Torts -- Malta
Employers' liability -- Malta
Issue Date: 1977
Citation: Caruana Scicluna, J. (1977). Notion of responsibility for tort (Master’s dissertation).
Abstract: Responsibility in general consists in a person's duty to answer for a violation of a pre-existing Norm of conduct and in his duty to submit himself to the relative sanction. The nature of the Norm violated will determine the nature of the responsibility incurred which will in its turn determine the nature of the sanction. Thus, for example, the violation of a moral Norm will entail moral responsibility and a moral sanction. In a perfect society where the Norms of Natural Law are scrupulously observed, there would be no need of juridical Norms whose violation would entail juridical sanctions. But this perfect society cannot be achieved. Therefore, to avoid anarchy and to guarantee respect for everyone's rights, the law intervenes and limits the sphere of action of every subject. This it does in order to ensure that no one subject, by the abuse of his rights, violates the rights of others. To say that one particular subject has a particular right implies that all other subject have on obligation to respect that right. Thus, it is immediately appreciated that right and obligation are two sides of the same coin. In this way, every subject is left with a limited sphere of action within which he may operate with impunity. As soon as he exceeds this sphere of action and thus enters the sphere of action of another subject and violates the rights guaranteed by law to such other subject, he entails legal responsibility.
Description: LL.D.
Appears in Collections:Dissertations - FacLaw - 1958-2009

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