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the interaction which is developing between human rights and tort law).- Provide authoritative guidance on the fundamental principles of the law of Obligations in the Civilian tradition.
Learning Outcomes: By the end of the study-unit the student will: - Have a thorough understanding of the Civil code provisions relating to Contract, Quasi-Contract, Tort and Quasi-Tort, including the Modalities of Obligations and the Extinction of Obligations;- Have mastered many of the leading judgments in the field so as to be able to demonstrate how they have contributed to our understanding of Maltese law;- Have understood fundamental legal doctrines such as the will theory in contract law and the theory of fault in tort law. Ganado (1978) Third Year Lecture Notes in Civil Law (Malta University Press) - In the library- G.
By the end of the study-unit the student will be:- Able to analyse complicated legal relationships in terms of the responsibility of the key actors involved, both in terms of its nature (contractual, quasi-contractual and so on), its degree and its implications for each of these actors;- Able to apply the legal principles and provisions they have learned to hypothetical factual case studies.- Able to draw selectively upon Civilian and Common law sources in order to explain and comment upon the principles found in the Civil Code relating to Obligations.- In a position to follow more advanced study units relating particularly to select contracts, Commercial Obligations, Consumer law and Comparative Private law more generally. Giorgi (1900) “Teoria delle Obbligazioni nel Diritto Moderno Italiano” (1900) - In the library-James Gordley, (2007), Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment, Oxford: University Press.- B.
Main Text/s and any supplementary readings:(availability at the Library or otherwise is indicated against each entry)- Civil Code (1868: Chapter 16, Laws of Malta): Book Two, Part Two, Title IV (Articles 959-1235) - In the library- Bianca Massimo C., 2001, Diritto civile. 3, 4 & 5: Il Contratto, L'Obbligazione, La Responsabilita`, Editore A. Nicholas (1996) “French Law of Contract” - In the library- Mazeaud, Henri et Léon, et Francois Chabas.(1991) ~Lecons de Droit Civil raité théorique et pratique de la responsabilité civile délictuelle et contractuelle - Vol. Larouche, (2000) ''Cases, materials and text on national, supranational and international Tort Law'', Hart Publishing, Oxford - In the Library- Von Bar, C.
ii Book 1, Obligations, Paris - In the Law Faculty Library - W. (1999) "The Common European Law of Torts", Volumes One and Two, Oxford: University Press - Not in the library- K. Kötz (1998) “An Introduction to Comparative Law” Chapters on Contract, Tort and Unjustified Enrichment) - In the library- Zammit, David: (2002) Does the Non Cumul Doctrine Exist in our Civil law?