Erstatningspligt

Erstatningspligt refers to the legal obligation to compensate another party for damages or losses caused by one's actions or omissions. In essence, it is the duty to make amends for harm inflicted. This principle is a cornerstone of tort law and contract law across many legal systems.

The basis for erstatningspligt typically arises when a person or entity has breached a legal duty, whether that duty stems from statute, common law, or a contractual agreement. To establish erstatningspligt, several elements usually need to be proven. These often include a wrongful act or omission, causation (that the wrongful act directly led to the damage), and actual damage or loss. The purpose of compensation is to restore the injured party, as much as possible, to the position they were in before the harm occurred.

The scope of erstatningspligt can vary. It may encompass physical injury, property damage, financial loss, or even emotional distress in certain circumstances. The calculation of compensation can be complex, taking into account direct losses, lost profits, and sometimes non-pecuniary damages. Legal systems have developed various rules and principles to ensure that compensation is fair and proportionate to the harm suffered, while also preventing unjust enrichment or excessive liability. Contractual clauses can also define or limit erstatningspligt between parties.