Latest Breaking News On - நுகர்வோர் வாழ்க்கைத்தொழில்கள் நாடகம் - Page 1 : comparemela.com
From the bench: When are damaged goods grounds to cancel a contract of sale?
timesofmalta.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from timesofmalta.com Daily Mail and Mail on Sunday newspapers.
Cabinet approves extension of commercial court s competence
timesofmalta.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from timesofmalta.com Daily Mail and Mail on Sunday newspapers.
Misreading the Venice Commission
timesofmalta.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from timesofmalta.com Daily Mail and Mail on Sunday newspapers.
with the authors To print this article, all you need is to be registered or login on Mondaq.com. Do you want to compare other jurisdictions?. Click here
1 Legal framework
1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?
The Maltese legal system embodies a fusion of different legal traditions. The backbone of Maltese law is founded on continental or civil law. The Civil Code was in fact originally modelled on the French Napoleonic Code. Nonetheless, as a result of British colonial rule, certain areas of Maltese law have been heavily influenced by the common law tradition. For instance, Maltese shipping laws and fiscal and corporate legislation largely mirror the British model. Likewise, administrative law and public law in Malta follow British tradition. The Maltese courts are often guided by, or refer to, English jurisprudence and jurists in relation to matters touch
The facts of the case
A man bought a CCTV system for his private residence from a local company. After it was installed, the system malfunctioned several times. Every time the consumer reported the problem, the seller inspected the system and undertook the necessary repairs or replaced parts free of charge. Seeing that problems kept recurring and considering that the guarantee period was running out, the consumer informed the trader that he no longer wanted the CCTV system and subsequently claimed a refund of €489.70, representing the amount of money paid for the system.
According to the consumer, that fact that the system malfunctioned so many times means it was not of satisfactory quality and so not fit for its purpose. On the other hand, the trader argued that the system had been installed nearly two years ago and that he always honoured his legal obligations by providing a free repair or replacement of parts to try and solve the reported problems. Furthermore, the trader said