Deliktansvar

Deliktansvar, often translated as tort or delict liability, is a branch of civil liability in Swedish law that covers damages caused by wrongful acts not based on contract. It applies to individuals and legal entities and aims to compensate victims for loss resulting from another’s fault.

The core elements of deliktansvar are an act or omission that is wrongful, a breach of a duty of care or an intentional act, unlawfulness of the conduct, a causal link between the fault and the damage, and actual damages. Both intentional harm and negligent conduct can trigger deliktansvar, with liability generally arising from fault rather than pure accident.

The scope includes a wide range of situations involving individuals and organizations. In the general rule, liability is fault-based, but there are special regimes where liability can attach without proof of fault, such as product liability under specific statutes. Deliktansvar also covers employer liability for employees acting in the course of employment, liability for owners of animals or property in certain circumstances, and other delicts established by law or case law.

Defenses and remedies play a key role. Common defenses include contributory fault by the injured party and other limitations such as force majeure or prescription. The typical remedy is damages intended to restore the victim to the position before the loss, covering both economic losses and, in some cases, non-economic harms like pain and suffering. In some domains, cap or limits on damages may apply.

Relation to contract: deliktansvar is separate from contractual liability. Damages arising from breach of contract are governed by contract law, while deliktansvar addresses harm caused by independent wrongdoing. Courts assess liability and the amount of compensation using general civil-law principles and applicable statutes.