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FRISAM-Fri prosjektstøtte samfunnsvitenskap

The temporal dimension of tort law

Tildelt: kr 4,8 mill.





2008 - 2012


The project aims at an elaboration and scientific development of the structures and theoretical framework connected to the temporal dimension of tort law. Such a work will be of international interest because every national legal order in western societie s is governed by a so far unexplored temporal dimension. Through the temporal approach one will be able to revise classical perceptions of causation as prerequisites for legal reasoning within the area of tort law. Moreover the perspective of the tempora l dimension may generate cognition regarding the content of the concept of damage, especially the relationship between physical damage and incurred or not yet incurred expenses. In this connection one will elaborate the requisites for compensation for los s of certain values and for certain incurred expenses that have gained importance in a modern, commercialised and complex society. Another important issue is the question of what point in time the assessment of damages is to relate to and other blurred ar eas connected to the "principle of difference". Preventive expenses and frustrated expenses is to be elaborated with some degree of integration. None of these two heads of compensation has been subject of closer scrutiny within Norwegian tort law.Moreov er, an analysis of the problem of "passing on" (consequenses of the fact that loss is passed on to a third party) will fit very well with the frame of the temporal dimension.


FRISAM-Fri prosjektstøtte samfunnsvitenskap