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Title: Liability in road traffic accidents
Authors: Valenzia, Geoffrey
Keywords: Traffic accidents -- Malta
Liability for traffic accidents -- Malta
Compensation (Law) -- Malta
Issue Date: 1973
Citation: Valenzia, G. (1973). Liability in road traffic accidents (Master's dissertation).
Abstract: The idea of negligence [is] the most important basis of liability for road accidents in Malta. It has two important consequences : first, each person is liable for the damage he has caused when there is negligence on his part ; on the other hand, a person, who is victim through his own negligence, should not be compensated. This represents the classical formulation of the concept of negligence. However, recent literature on this subject has shown what changes are expected to take place in this concept. In some countries, the idea of negligence is already disappearing and instead a system is being introduced by means of which damage caused to other road users is covered irrespective of negligence. This is done by compelling all owners of motor vehicles, before putting the vehicle into circulation, to take an insurance cover which would in principle compensate the victims of any accident. Insurance, is therefore, playing a very important part in matters of road accidents and is slowly changing the practice and even the nature of liability eg. When a driver is insured his civil liability for damages, is only apparent, since the burden of the damage is carried by the insurance company. As a consequence of such developments, various writers are proposing that, at least the accidents in which a motor vehicle has been involved should be taken out of the framework of the general system of civil liability and put under special legislation.
Description: LL.D.
Appears in Collections:Dissertations - FacLaw - 1958-2009

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