Norway

Tort and Regulatory Law

“…The rule of parliamentary supremacy means that, as far as the UK courts are concerned (absent any EU law dimension), they must apply the statute as it stands, despite its limitations, provided that it is legally complete and capable of application -there is nothing in the fact scenario as it stands to suggest that it is not. The primacy of the statutory regime in a similar context (dealing with a body acting directly under statute rather than under a licence issued pursuant to a statutory regime) is confirmed in Regardless of the inapplicability of the specific legislation, B could be held liable under the general law of torts to a lawful visitor under the Occupiers' Liability Act 1957 and, to a lesser degree, to a non-lawful visitor under the Occupiers' Liability Act 1984 (as amended 72 ). 72 By the Countryside and Rights of Way Act 2000.…”

“…The primacy of the statutory regime in a similar context (dealing with a body acting directly under statute rather than under a licence issued pursuant to a statutory regime) is confirmed in Regardless of the inapplicability of the specific legislation, B could be held liable under the general law of torts to a lawful visitor under the Occupiers' Liability Act 1957 and, to a lesser degree, to a non-lawful visitor under the Occupiers' Liability Act 1984 (as amended 72 ). 72 By the Countryside and Rights of Way Act 2000.…”

“…72 If a breach of the protective statute is established, it is assumed that the breach of law is due to conduct by the tortfeasor which is objectively in breach of his duty of care. Consequently, it is a matter for the perpetrator to prove that even a normal person could not have realised the objective prescribed by the protective statute, even if he had applied the requisite due care.…”

“…A landowner can bar its neighbour from producing immissions inas-much as they exceed the customary level in the relevant place and considerably impair the use of the estate ( § 364(2) ABGB). 84 In the case of such immissions, in addition to actions for damage compensation (depending on fault), the owner of the affected neighbouring property may file an action (independent of fault) for injunctive relief (Unterlassung) and removal (Beseitigung). 85 But even beyond the field of Nachbarhaftung a (potential) victim of tortious liability can file a claim for an injunction in case of an (imminent) unlawful conduct of the respondent.…”

“…If the representative's conduct results in the company's liability pursuant to § 31 BGB, the representative remains personally liable according to the general rules of tort. 72 The aggrieved party may seek damages from both (potential) defendants which is of particular importance in case a juristic person is insolvent or has become extinct 73 but also where the claim against the company is statute-barred. 74 Are legal entities themselves subject to an administrative liability in your 8. country?…”