Allocating damages between multiple tortfeasors under Maltese law and jurisprudence

Abstract

This dissertation aims to investigate the area of tort law concerning multiple tortfeasors and specifically how damages in tort are allocated in cases where multiple tortfeasors are involved. Firstly, an analysis is carried out of the provisions regulating cases of multiple tortfeasors (i.e. articles 1049-1050), and of the relation of these provisions to the other tort provisions in the Maltese Civil Code and other fundamental institutes of tort law. Secondly, a systematic analysis of the jurisprudence of the Maltese Civil Courts involving more than one tortfeasor is carried out, and the salient issues, points, and legal principles raised in Court sentences are brought out and discussed. Finally, an assessment of the adequacy of the current legal framework with regard to unresolved matters in this area of tort law – such as prescription and concurrent liability – and the response of the Courts to these issues, is carried out. Suggestions are made of how greater clarity and consistency can be achieved in this area of tort law, particularly on the aforementioned issues which significantly affect the awarding and allocating of damages in cases involving multiple tortfeasors.