däkningsproblemet

The "däkningsproblemet", often translated as the "coverage problem" or "detriment problem", is a concept within Swedish tort law concerning the calculation of damages. It specifically addresses situations where a person suffers damage to their property or other assets, and the cost of repairing or replacing the damaged item exceeds the item's value before the damage occurred.

The core issue in the däkningsproblemet is how to justly compensate the injured party. Traditionally, tort law aims to place the injured party in the same economic position they would have been in had the wrongful act not occurred. However, in cases of däkningsproblemet, strict application of this principle can lead to outcomes where the injured party receives less than the actual cost of restoring their property to its pre-damage state.

Swedish legal precedent and doctrine have grappled with this issue. Generally, the compensation awarded is capped at the market value of the damaged item immediately prior to the incident. This means that if a vintage car is damaged beyond repair, the compensation will be based on its market value, not the potentially higher cost of restoring it to its original condition.

However, exceptions and nuances exist. If the damaged item was of particular personal importance or sentimental value to the owner, or if there are specific reasons why repairing or replacing the item is necessary despite the cost exceeding its market value, courts may consider awarding a higher sum. The assessment is highly fact-dependent, requiring a careful balancing of the injured party's need for compensation and the principle of not unjustly enriching the injured party. The däkningsproblemet highlights the practical challenges in applying abstract legal principles to concrete damage situations.