Under Maltese law, liability in damages may arise either in contract or in tort. The basis of Maltese tort law rests on the establishment of fault on the part of the tortfeasor and the determination and quantification of compensatory damages payable to the victim of the tort.
The Civil Code of Malta applies the French perspective that every person shall be liable for the damage which occurs through his fault. In the eyes of Maltese law, a person is deemed to be at fault when in his own acts, he does not use the prudence, diligence and attention of the bonus paterfamilias. These three terms have been distinguished by local judgements. While prudence requires restraint, diligence suggests being liable for taking action when one shouldn’t have taken action. Attention, on the other hand, is considered as watchfulness. Moreover, in Malta, a breach of a duty imposed by law shall render a person liable for any damage resulting therefrom.
The concept of the abuse of rights is also provided for in our Civil Code. This concept was developed in French jurisprudence and is purely a judicial creation. It is based on the fundamental idea that legal right has to be used in a manner which respects the rights of others. Going beyond the proper limits of one’s rights constitutes liability to compensate for any damages caused to others as a consequence of one’s abuse of rights. Thus, the abuse of rights does not only raise fault when one acts illegally but also when one abuses of a legal right. Our Courts have further established that liability in tort arises also by pointing to evidence that fundamental human rights have been violated.
The quantification of damages resulting from tortious actions is based on the actual losses (damnus emergens) incurred by the victim and the loss of future earnings (lucrum cessans). While the actual losses represent the expenses incurred by the injured party as a result of the tortfeasor’s act and include actual wages and other earnings, the loss of future earnings is also taken into consideration and is compensated accordingly. Formulae related to such quantification are not found anywhere in the law. However, in an authoritative UK case – Butler vs Heard (1967) – a standard formula for determining the quantity of damages was devised and has been consistently and effectively applied by the Maltese Courts. This same formula is also used to calculate the damages awarded to the heirs of a victim of tort who dies due to damages.
The notion of moral damages is still an innovative concept in Maltese law. Due to recent amendments, the Civil Code of Malta has catered for the awarding of moral damages, however restricting such damages to victims of a voluntary crime. This contrasts to other jurisdictions wherein moral damages are often awarded to victims of tortious acts, irrespective of whether such acts are of a voluntary or involuntary nature.
LexPractis is recognised as one of the leading law firms which deal with tortious actions. With years of experience in the sector our lawyers possess the adequate expertise both in out of Court settlements as well as through litigation before the Maltese Civil Court.
