Establishing a duty of care in Maltese tort law and jurispudence : a critical and comparative analysis

Abstract

This dissertation delves into an analysis of the common law requirement of a duty of care in finding liability for negligence. The study sets off through a historical timeline, allowing the reader to familiarise oneself with the rich background which surrounds this deceptively simple concept. The key concepts are analysed, with particular reference to specific contours and tests which have arisen in order to determine when a duty is owed in one case but not in another. The author then shifts the lens to the realm of Maltese tort law, and examines whether the concept has been viably integrated in the Maltese mixed jurisdiction which in itself did not lead to nominate torts, in lieu resting general provisions establishing liability for culpa. The study ultimately questions the potential role which the duty of care has within Maltese tort law and jurisprudence, and whether the local interpretation reflects the common law understanding or otherwise. The findings of this dissertation ultimately suggest that albeit the duty of care holds fundamental importance within the common law world, this may not necessarily be the case under our jurisdiction.