Tort law at Malta
Tort law in Malta is primarily governed by the Civil Code (Chapter 16 of the Laws of Malta), which outlines the principles of civil liability for wrongful acts. The legal framework is influenced by the French civil law tradition and has been adapted over time to address contemporary issues, including the recognition of non-pecuniary damages.
⚖️ Legal Framework
Article 1031 of the Civil Code establishes that every person is liable for damage caused through their fault.
Article 1045 specifies the types of damages that can be compensated:
Actual loss directly caused to the injured party (damnum emergens).
Expenses incurred as a result of the damage.
Loss of actual wages or earnings.
Loss of future earnings due to permanent incapacity.
🧾 Key Principles of Tort Law
1. Negligence
Negligence occurs when an individual breaches a duty of care owed to another, resulting in harm. The injured party must prove that the defendant's conduct was the proximate cause of the damage. Maltese courts have applied this principle in various cases, assessing whether the defendant's actions were reasonable under the circumstances.
2. Defamation
Defamation involves the communication of statements that harm an individual's reputation. Under the Media and Defamation Act (Chapter 579), defamation can be:
Slander: Defamation through spoken words.
Libel: Defamation through written or published statements.
The Act provides that a person aggrieved by defamation can seek redress through civil proceedings, and the defendant may raise defences such as:
Truth: Proving the statement was true.
Honest Opinion: Demonstrating the statement was an honest opinion on a matter of public interest.
In the case of Joseph Vella v. Mary Helen sive Mariella Strout (2021), the Court emphasized that for slander to succeed, the plaintiff must prove:
The words caused or could cause serious reputational harm.
The words were uttered with malice.
The Court noted that malice could be inferred from the defendant's ill-will, prejudice, bias, recklessness, or improper motive.
3. Trespass
Trespass refers to the unlawful entry onto another's property. Under Maltese law, the owner of the property has the right to seek compensation for any damage caused by such unlawful entry. The injured party must demonstrate that the defendant's actions were intentional or negligent and that they resulted in harm.
4. Nuisance
Nuisance involves the interference with the use and enjoyment of one's property. In Malta, individuals affected by nuisance can seek redress through civil proceedings, provided they can prove that the defendant's actions were unreasonable and caused harm to their property rights.
🧠 Non-Pecuniary (Moral) Damages
Traditionally, Maltese tort law focused on compensating pecuniary losses. However, with the enactment of Act XIII of 2018, moral and psychological damages were introduced as compensable under the Civil Code. This amendment allows for compensation for non-pecuniary harm resulting from criminal offences. However, the scope is limited:
The offence must be a wilful crime against the person.
The offence must be subject to a punishment of imprisonment of at least three years.
The maximum amount of moral damages is capped at €10,000 or such amount as the Minister responsible for justice may establish.
This development aligns Maltese law with broader European standards, recognizing the importance of compensating individuals for non-pecuniary harm.
🏛️ Judicial System and Remedies
Maltese courts have the authority to award various remedies in tort cases, including:
Damages: Financial compensation for actual loss and, where applicable, moral damages.
Injunctions: Orders to prevent or cease certain actions.
Declaratory Orders: Declarations of rights or legal status.
The courts assess each case individually, considering the circumstances and the extent of harm suffered by the plaintiff.
⚠️ Challenges and Considerations
Access to Justice: Individuals may face challenges in accessing legal resources and representation, particularly in rural areas.
Enforcement: While courts may award damages, enforcing judgments and ensuring payment can be complex.
Legal Awareness: Public awareness of tort rights and remedies may be limited, affecting individuals' ability to seek redress.
🧭 Summary
Maltese tort law provides a structured framework for addressing civil wrongs, offering avenues for individuals to seek redress. The recent introduction of moral damages marks a significant development, aligning Maltese law with broader European standards. While the legal system offers mechanisms for compensation, challenges related to access, enforcement, and awareness persist.
RELATED Blog
0 comments