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DC Field | Value | Language |
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dc.date.accessioned | 2024-01-16T12:09:28Z | - |
dc.date.available | 2024-01-16T12:09:28Z | - |
dc.date.issued | 2023 | - |
dc.identifier.citation | McKenna, M. (2023). Delay penalties and damages in construction contracts (Bachelor’s dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/117393 | - |
dc.description | LL.B.(Hons)(Melit.) | en_GB |
dc.description.abstract | The issue of delay penalties in works contracts (locatio operis) and their coexistence with a law that aims to be equitable, has brought about some concerns particularly in trying to establish whether a “penalty” is necessary, as opposed to mere compensation, and whether this is also interchangeable with “damages”. An attempt to understand the distinction between the two terms was first made – the legal implications of this distinction, and how local Courts and common law Courts distinguished between the two, as well as a comparison of the different legal provisions in continental jurisdictions. A comparative analysis of the different penalty and damages clauses in some widely used standard forms contract was also undertaken. The research concludes with some observations on certain traits, identified in the analysis, on the interpretation of penalty clauses by our Courts. Finally, the approaches taken in local jurisprudence when assessing penalties and liquidated damages were tabulated against the approach taken in a recent landmark case in common law Courts to try and visualise the trend of our local Courts’ interpretation vis-à-vis the common law approach. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Construction contracts -- Malta | en_GB |
dc.subject | Clauses (Law) -- Malta | en_GB |
dc.subject | Damages -- Malta | en_GB |
dc.subject | Pacta sunt servanda (International law) | en_GB |
dc.subject | Penalties, Contractual -- Malta | en_GB |
dc.title | Delay penalties and damages in construction contracts | en_GB |
dc.type | bachelorThesis | 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.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | McKenna, Maria (2023) | - |
Appears in Collections: | Dissertations - FacLaw - 2023 |
Files in This Item:
File | Description | Size | Format | |
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2308LAWLAW401005025563_1.PDF Restricted Access | 2.5 MB | Adobe PDF | View/Open Request a copy |
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