Please use this identifier to cite or link to this item:
Title: Foreseen and unforeseen damages
Authors: Mallia, Paul
Keywords: Compensation (Law)
Structured settlements
Penalties, Contractual
Issue Date: 1944
Publisher: Malta Law Students' Society
Citation: Mallia, P. (1944). Foreseen and unforeseen damages. The Law Journal, 1(1), 21-24.
Abstract: IT is a rule of law that obligations lawfully entered into by the parties must be performed with good faith (art. 699}. It sometimes happens, unfortunately, that such obligations are not performed. The first effect of such non-performance is " enforcement"; but the Court cannot always enforce an obligation; it is a well-known maxim of law that nemo precise cogi potest esse ad factum . In many cases all that can possibly be done by the Court is to give money compensation, i.e. to order a payment which shall put the plaintiff in the same financial position as if the duty had been fulfilled or the wrong not committed. And here we come to the second effect of the non-performance of obligation, namely liability for damages on the part of the debtor.
Description: This item has been retyped from the original and pagination will differ from the original.
Appears in Collections:Volume 1, Issue 1, 1944
Volume 1, Issue 1, 1944

Files in This Item:
File Description SizeFormat 
Foreseen_and_unforeseen_damages_1944.pdf963.28 kBAdobe PDFView/Open

Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.