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Research group for Tort Law and Insurance Law
PhD theses

PhD theses with a connection to the Research Group for Tort, Insurance and Social Security Law

On this page, an overview of the PhD theses from the last 10 years, with a connection to the Research Group for Tort, Insurance and Social Security Law, is presented

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2015

Arnt Skjefstad: Fradrag for fordel ved erstatningsutmåling: særlig om fordelsfradrag ved tingsskade og mislighold

The topic of the dissertation is the deductions for economic benefits in the calculation of claims for compensation. Traditionally, this issue has been discussed in connection with the rule concerning compensatio lucri cum damno. This is a general rule of the law of compensatory damages in tort stating that benefits that the injured party obtains as a result of the liability-causing offence shall under certain circumstances result in a reduction in the claim for compensation. Additionally, legal material from other areas of law has been drawn in where this can help clarify, instruct and provide support to the discussion. An important objective for the analyses in the dissertation is to identify and develop some further evaluation topics and aspects that can provide guidance as to when deductions for benefits shall be accepted.

The dissertation is also published as a book: Arnt E. Skjedstad, «Erstatningsberegning : særlig om fradrag for fordeler» (2016), Cappelen Damm akademisk (ISBN : 978-82-02-47400-3).

2013

Halvard Haukeland Fredriksen: Offentligrettslig erstatningsansvar ved brudd på EØS-avtalen

The aim of the dissertation is to analyse and discuss both the legal basis and the content of the principle of State liability for breach of EEA law. At the core of the dissertation is, thus, the conditions for State liability, as laid down by the EFTA Court. It is on the basis of national law which the State must make reparations for the damage caused. The analyses in the dissertation are, thus, conducted from a Norwegian perspective, with an aim to clarify the impact of the EEA law principle of State liability upon the existing substantive and procedural conditions for the liability of public authorities laid down by Norwegian law.

The dissertation is also published as a book: Halvard H. Fredriksen, «Offentligrettslig erstatningsansvar ved brudd på EØS-avtalen» (2013), Fagbokforlaget (ISBN : 9788245015461).

2012

Lars Anders Heimdal: Rettsvalg ved erstatning for krenkende ytringer - studier i internasjonal privatrett

In cases concerning claims for compensation arising out of a tort, connected to multiple states, a choice has to be made - a choice of which of the states’ national law shall be applied. The topic of the thesis is the choice of national law in relation to claims for compensation for a violation of a person’s personal integrity, in the context of this thesis, through defamation and the violation of a person’s privacy through speech. The purpose of the thesis is to conduct an analysis of the challenges concerning the choice of national law and to propose a solution to how these challenges can be solved.

The dissertation is also published as a book: Lars A. Heimdal, «Rettsvalg ved erstatning for krenkende ytringer : studier i internasjonal privatrett» (2013), Gyldendal juridisk (ISBN : 9788205436039).

2011

Jan-Ove Færstad: Erstatningsansvar for villedende informasjon

Negligently drafted reports, opinions or advice can cause damage to contract parties as well as third parties relying on them. Liability for negligent misstatements ensures that parties in direct contractual relations with the provider of information, as well as those with no direct contractual relations with the provider of information, could get compensation for damage caused by their reliance upon the information. The question which is examined in the thesis is if and in what circumstances a provider of information could be subject to liability for negligent misstatements. 

The dissertation is also published as a book: Jan-Ove Færstad, «Erstatningsansvar for villedende informasjon» (2014), Gyldendal juridisk (ISBN : 9788205461482).