Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-05-29T19:42:36.263Z Has data issue: false hasContentIssue false

Norway

from PART I - PUBLIC AUTHORITY LIABILITY OUTLINED

Published online by Cambridge University Press:  27 November 2017

Bjarte Askeland
Affiliation:
Professor of Private Law, University of Bergen, Norway
Get access

Summary

INTRODUCTION

OVERVIEW

Public authority liability law in Norway is integrated in the general civil law system. Thus the public authority is treated in the same way as private parties in civil litigation. The general principles of tort law have applied, but with certain special adaptations in some areas. These adaptations are partly generated by statements in the preparatory works of the Compensation for Damage Act 13 June 1969 no 26 (Skadeserstatningsloven 13 June 1969 no 26, skl), and partly generated by statements of the Supreme Court. These adaptations are mainly connected to the application of the rule of liability for culpable acts as a part of the Norwegian version of respondeat superior, see skl §2–1 (1). The fact that the public authority exercises special public functions has had the effect that the culpa standard has been applied in a more lenient manner than it normally is. A more precise outline of this general rule will be given below in no 25 ff.

In other respects there are no special rules concerning liability for public authorities. The fact that questions of liability have been addressed by applying respondeat superior means that the most important discussions have concerned the culpa standard in various types of cases. However, there has also been a special debate on whether there is strict liability or only fault liability for void administrative decisions. While the Supreme Court decisions are ambiguous in answering this question, theorists are divided. Some theorists hold that culpability is required for liability to be established, whereas others maintain that there is strict liability for loss stemming from void administrative decisions. Further details on this point are explained below in no 14 ff.

HISTORICAL EVOLUTION

In the 19th century the prevailing view was that the state had no responsibility at all and could not be liable. This was a legacy from the age of autocracy. In the last part of the century this view came under pressure. As public activities increased, there was a corresponding need for liability rules for damage resulting from public activity.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Norway
  • Ken Oliphant
  • Book: The Liability of Public Authorities in Comparative Perspective
  • Online publication: 27 November 2017
  • Chapter DOI: https://doi.org/10.1017/9781780685595.015
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Norway
  • Ken Oliphant
  • Book: The Liability of Public Authorities in Comparative Perspective
  • Online publication: 27 November 2017
  • Chapter DOI: https://doi.org/10.1017/9781780685595.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Norway
  • Ken Oliphant
  • Book: The Liability of Public Authorities in Comparative Perspective
  • Online publication: 27 November 2017
  • Chapter DOI: https://doi.org/10.1017/9781780685595.015
Available formats
×