There is a conceptual distinction amongst torts and contracts, and in the Maltese Civil Code these two sources are dealt with in various sections of the law. Section five and section 2 of the Limitation Act 1980 state that the limitation period for an action in straightforward contract or tort, respectively, is six years from the date on which the lead to of action accrued”. The final essential distinction is that the applicability of statutes relating to contribution and apportionment between concurrent wrongdoers may possibly rely on regardless of whether each wrongdoers are tortfeasors, or no matter if one is a tortfeasor and a single merely in breach of contract (Feldthusen, pg 99). Tort: the plaintiff is to be put in the position it would have been in had the misrepresentation not been created.

Despite the fact that the Court of Appeal disagreed that the loss claimed by Wellesley was … Read the rest >>>