Kahjunõuete

Kahjunõuete is an Estonian legal term referring to claims for damages made by a person who has suffered harm caused by another party’s fault or breach of obligation. It is a component of civil law and is governed by the Law of Obligations Act and other related legislation. Kahjunõuded can arise from tort (delict) as well as from contractual breach, and they cover losses such as medical costs, repair or replacement expenses, and lost wages, as well as, in some cases, non‑economic damages.

To establish a kahjunõue, several elements are typically required: the at‑fault party must owe a duty of care or a contractual obligation; that duty must be breached through conduct or failure to act; the breach must cause actual damages; and the claimant must suffer quantifiable loss as a result. Defences may include lack of fault, contributory fault by the claimant, or force majeure. The assessment of damages is generally guided by statutory rules and may involve proofs of costs, loss of income, and, where permissible, other consequential losses.

Procedurally, a kahjunõue is brought in the competent court, often after attempts at settlement or dispute resolution. The court determines liability and the amount of compensation based on evidence presented by both sides. Time limits for bringing damages claims are set by statute and can vary by the type of claim, with prescription periods defined in the Law of Obligations Act.

Kahjunõuete is closely related to terms such as kahju (damage), nõue (claim), and liability concepts. It provides a framework for recovering losses caused by others in Estonian civil law.