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DC Field | Value | Language |
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dc.date.accessioned | 2021-02-15T11:30:50Z | - |
dc.date.available | 2021-02-15T11:30:50Z | - |
dc.date.issued | 1944 | - |
dc.identifier.citation | Mallia, P. (1944). Foreseen and unforeseen damages. The Law Journal, 1(1), 21-24. | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/69213 | - |
dc.description | This item has been retyped from the original and pagination will differ from the original. | en_GB |
dc.description.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. | en_GB |
dc.language.iso | en | en_GB |
dc.publisher | Malta Law Students' Society | en_GB |
dc.rights | info:eu-repo/semantics/openAccess | en_GB |
dc.subject | Compensation (Law) | en_GB |
dc.subject | Damages | en_GB |
dc.subject | Structured settlements | en_GB |
dc.subject | Penalties, Contractual | en_GB |
dc.title | Foreseen and unforeseen damages | en_GB |
dc.type | article | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.publication.title | The Law Journal | en_GB |
dc.contributor.creator | Mallia, Paul | - |
Appears in Collections: | Volume 1, Issue 1, 1944 Volume 1, Issue 1, 1944 |
Files in This Item:
File | Description | Size | Format | |
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Foreseen_and_unforeseen_damages_1944.pdf | 963.28 kB | Adobe PDF | View/Open |
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