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.