Tort Law and Insurance Law

Introduction

The course provides good knowledge in tort law and insurance law, and a good understanding of the connection between these two subjects. Insurance law is connected to the course Introduction to contract law in the first semester.

Tort law is the general doctrine of financial compensation for an injury. The purpose of compensation is to restore the financial situation prior to the damage. The course provides a good understanding of liability for damages outside of contractual relationships, with the main emphasis on property damage and pure property damage. Furthermore, the course provides a good understanding of methodological challenges in tort law, which is characterized by interpreting non-statutory law, including case law. The course provides a good understanding of the three main conditions for liability; basis of liability, financial loss and causation.

Insurance is about establishing financial security through community. Insurance law is the legal rules – both those under public law and those under private law – that apply in the insurance sector. In the public law part of the course, an overview of the framework conditions for the public control of insurance companies is given. The private law part of the course deals with the insurance agreement and the statutory and contractual rules that apply to this agreement. The main emphasis is on the private law part.

Course content

Tort law:

• The legal sources of the right to compensation, including principles and considerations.
• Compensation outside of contract, and delimitation against compensation in contract.
• Basis of liability; tort liability, objective liability and employer responsibility.
• Economic loss and compensation legal protection.
• Actual and legal causation, and the requirements for foreseeability and proximity in causation.
• Several tortfeasors and the consequences of this.
• Conditions for injured parties, especially the importance of mitigation and participation.
• The assessment of damages.

Insurance law

• The insurance law's legal sources, including principles and considerations.
• The insurance agreement, etc
• The parties' obligations at the conclusion of the agreement.
• Conditions for the insurance company's liability.
• Identification.
• The insurance company's responsibility for rescue costs.
• Third-party rights under the insurance contract.
• The scope of the insurance.
• The compensation settlement.
• Central types of insurance in business.