skaðabótaskyldu

Skaðabótaskylda is an Icelandic legal term that translates to "obligation to compensate for damages" or "liability for damages." It forms a core principle within Icelandic tort law, which governs civil wrongs that cause harm. This obligation arises when an individual or entity causes damage to another through their actions or omissions.

The fundamental principle behind skaðabótaskylda is that the party causing the harm should be responsible for rectifying the consequences of their actions. This typically involves compensating the injured party for their losses. The type of damages that can be claimed usually fall into two main categories: material damages (efnislegt tjón) and non-material damages (ólíkamslegt tjón). Material damages encompass quantifiable financial losses, such as property damage, medical expenses, or lost income. Non-material damages, on the other hand, relate to less tangible harm, like pain and suffering, emotional distress, or loss of amenity.

To establish skaðabótaskylda, several conditions must generally be met. There must be a wrongful act or omission, a causal link between the act and the damage suffered, and actual damage must have occurred. The standard of proof for establishing these elements can vary depending on the specific circumstances and the applicable legal provisions. Icelandic law aims to provide a framework for redress and to deter negligent or intentional harmful behavior through the enforcement of this obligation.