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Tort Law: free practice, theory and problems
Tort law decides when someone who caused harm must pay for the loss. Three conditions are required, and all must be met.
Contents
1. The conditions for damages
What is it about?
Tort law decides when someone who caused harm must pay for the loss. Three conditions are required, and all must be met.
Key concepts and rules
- 1. Basis of liability: a reason why the tortfeasor should bear the loss. The most common is fault (culpa): intent or negligence. You ask: should they have acted differently?
- 2. Economic loss: the injured party must have lost money, for example repairs, lost income or expenses.
- 3. Causation: the act must be a necessary condition for the harm, and the consequence must be foreseeable (adequate), not too remote or unexpected.
- Compensation for non-economic harm (oppreisning) can be awarded under section 3-5 of the Damages Act.
- Contributory negligence (Damages Act section 5-1): damages can be reduced if the injured party was also negligent.
- Reduction (section 5-2): damages can be reduced if they would be unreasonably heavy for the tortfeasor.
Example
A cyclist runs a red light and hits a car. The cyclist was negligent (basis of liability), the car got a dent costing 8,000 NOK (loss), and the dent came from the collision (causation).
2. Employer liability, strict liability and limitation
What is it about?
Sometimes you must pay without having done anything wrong yourself. And claims can become too old: they are then time-barred.
Key concepts and rules
- Employer liability (Damages Act section 2-1): the employer is liable for harm an employee causes intentionally or negligently in the course of work.
- Strict liability: liability without fault. It applies to motor vehicle liability (the Motor Vehicle Liability Act) and to dangerous activities that create a constant and typical risk.
- Limitation: a claim lapses if it is not pursued in time. The general period is 3 years (Limitation Act section 2), counted from when the claim fell due.
- For damages, the 3 years run from when the injured party gained or should have gained knowledge of the harm and who is liable (section 9). The claim is time-barred in any event 20 years after the harmful act.
- The period is interrupted, among other things, if the debtor acknowledges the claim or the creditor takes legal action (for example a conciliation claim or a lawsuit).
Example
An invoice fell due on 1 March 2024. It becomes time-barred on 1 March 2027 if nothing happens before then.
Practise employer liability, strict liability and limitation in the app →
Example problems with solutions
Here are some of the problems in tort Law. In the app, calculation problems get new numbers every time, so you can practise until it sticks – and take a graded practice exam before the real one.
The conditions for damages: How many basic conditions must be met for damages?
Answer: 3
3 conditions: basis of liability, economic loss and causation.
Employer liability, strict liability and limitation: What is the general limitation period?
Answer: 3 years
Limitation Act section 2: 3 years.
The conditions for damages: What is the most common basis of liability?
Answer: Fault (culpa)
Culpa liability: intent or negligence.
Employer liability, strict liability and limitation: What is the longest-stop period for damages claims?
Answer: 20 years
Limitation Act section 9: at the latest 20 years after the harmful act.