Issue link: https://maltatoday.uberflip.com/i/1542981
THE parties to a contract enter into it in good faith and are bound by what is written. This was held in Michael Micallef vs Daryl u Ri- tianne Borg on 23 January 2026. The court was presided over by Judge Miriam Hayman. Micallef explained that on 10 May 2014 he entered into a con- tract of works with the defend- ants. The defendants were to develop a land in Birkirkara and were to be paid €50,000 to build garages, shops at ground floor level and apartments. The works had to be concluded in February 2016 and if there were any de- lays, they were to pay a penalty of €50 per day. The works were not concluded, and judicial letters were sent in July 2016 and Octo- ber 2017. The plaintiff asked the court to order the defendants to pay the penalty. The defendants challenged these claims, insisting they were untrue. They argued that the works were completed on time, pointing out that according to the contract, the finishings were limited to the façade. The court analysed the contract signed by the parties. The dispute revolved around the finishings and the construction of a ramp. The plaintiff claimed that to fin- ish the works, the defendants had to place two balconies—an iron one and a typical Maltese balcony. The plaintiff calculated that the penalties amounted to €167,700. The defendants testified that they had to develop land in Birkirkara and were to be paid by the airspace on top of the three apartments. The finishings they were bound to carry out were limited to the façade and the common areas. When the works started, they found a hole and this led to higher expenses. The defendants agreed with the plain- tiff to fork out half of these extra expenses. All these works were concluded on time. The ramp was not completed because they were waiting for the plaintiff to level the area. They insisted that the finishings were never agreed upon in detail. Since the Planning Authority issued permits for five floors, the plaintiff felt that the payment by means of the air- space was excessive. The First Hall of the Civil Court in its judgment held that the general principle of contract law is that the parties would have entered into a contract in good faith. The Court quoted from Saint James Hospital Limited vs Degiorgio Group Limited, decid- ed by the Court of Appeal on 10 December 2025. In this case the Court of Appeal held that there are two principles governing con- tract law. The first is pacta sunt, which means that the agreement is binding on both parties. The other principle is that of con- tra scriptum testimonium non scriptum testimonium non fer- tur, which means that oral tes- timony cannot contradict what is expressly stated in writing. Therefore, a party to a written agreement cannot try to insert fresh heads of agreement by tes- tifying orally. In another judgment John Spi- teri vs Popeye Investments Lim- ited delivered on 3 November 2006, it was stated that the inter- pretation of a written contract has to be done on that contract and not on any exterior source. A judge, when reading the doc- ument, must interpret the word- ing in their ordinary sense of the meaning and on how the parties wanted to bind themselves. The same judgment went into the meaning of good faith which is a concept that banks on justice, reasonableness and honesty. Judge Hayman ruled that the contract of works did not lay down that was meant by "finish- ings" and that the balcony was to be built in wood. It is obvious that the contractor had to build the balcony in a way that was possible. If the plaintiff wanted the finishings in a particular way, then they should have been writ- ten down and specified. This was not done and so the Court turned down the plaintiff's claims. 8 maltatoday | SUNDAY • 1 FEBRUARY 2026 OPINION & LAW The presumption is that parties to a contract acted in good faith MALCOLM MIFSUD Mifsud & Mifsud Advocates Keith Azzopardi Tanti Parliamentary Secretary Youth, Research and Innovation Clearer youth information, stronger participation WHEN young people don't en- gage with public information, the instinctive response is of- ten to blame apathy. But often, the problem isn't disinterest. It's access, relevance, and lan- guage. Policy documents are writ- ten to be precise. They are not inviting. Opportunities are announced in ways that make sense to institutions, not to the people they're meant to reach. And when information feels distant, technical, or discon- nected from real life, young people understandably tune out. The result is missed op- portunities for participation, for support, and for involve- ment in decisions that directly affect them. The Youth Information Am- bassadors initiative was cre- ated to address this gap in a practical way. At its core, the initiative is based on a simple idea. Infor- mation works best when young people are involved in shaping how it is communicated. Not as an afterthought, and not as a token consultation exercise, but as active partners in the process. Through this initiative, young people aged 16 to 25 will work in groups alongside youth workers from Aġenzija Żgħażagħ and representatives of the National Youth Coun- cil (KNŻ). Together, they will identify youth-relevant policy themes and either co-create new content or adapt existing material so that it is clearer, more accessible, and more en- gaging for their peers. The aim is to make complex policy language accessible to young people without losing its original meaning or intent. Good information doesn't lose its value when it becomes un- derstandable. A practical example of this approach will be the adapta- tion of the outcomes of the 11th cycle of the EU Youth Di- alogue. These documents are directly relevant to young peo- ple, yet they are often lengthy, technical, and difficult to nav- igate. Through a youth-led perspective, such material can be reshaped using language, formats, and channels that resonate without changing the substance of the message. What this initiative recognis- es is that peer-to-peer com- munication matters. Young people are more likely to trust information that feels relevant, speaks their language, and is shared through channels they use. Positioning young people as information ambassadors acknowledges this reality in- stead of working against it. This initiative also gives practical meaning to the Na- tional Youth Policy's first strategic goal; listening to young people's voices. It also reflects wider European com- mitments, including those re- affirmed during the Council of Europe Conference of Minis- ters responsible for youth held in Malta in 2025, which called for youth perspectives to be embedded across policy are- as and for participation to be meaningful, not symbolic. If we want young people to be informed, engaged, and ac- tive in public life, we need to stop treating communication as a one-way exercise. Youth Information Ambassadors is a supported, collaborative way of doing things differently; one that improves access to infor- mation while strengthening participation and trust. Young people don't need more explaining. They need more ownership. And when we give them that, the quality of our public conversation im- proves for everyone. Young people aged between 16 and 25 who are interested in applying for the Youth In- formation Ambassadors initia- tive can find more information and submit their application through the youth.gov.mt web- site, Aġenzija Żgħażagħ's social media platforms, or the Na- tional Youth Council. Young people don't need more explaining. They need more ownership. And when we give them that, the quality of our public conversation improves for everyone If the plaintiff wanted the finishings in a particular way, then they should have been written down and specified