Strict Liability for Dangerous Activities in Nordic Tort Law - an Adequate Answer to Late Modern Uncertainty?

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http://hdl.handle.net/10138/338127

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Wilhelmsson , T 2019 , ' Strict Liability for Dangerous Activities in Nordic Tort Law - an Adequate Answer to Late Modern Uncertainty? ' , Otago Law Review , vol. 16 , no. 1 , pp. 219-239 .

Title: Strict Liability for Dangerous Activities in Nordic Tort Law - an Adequate Answer to Late Modern Uncertainty?
Author: Wilhelmsson, Thomas
Contributor organization: Faculty of Law
Faculty of Law
Date: 2019
Language: eng
Number of pages: 21
Belongs to series: Otago Law Review
ISSN: 0078-6918
URI: http://hdl.handle.net/10138/338127
Abstract: Nordic (Finnish, Swedish, Norwegian and Danish) tort law illustrates the oscillation between negligence and forms of strict liability in contemporary tort law. Starting from negligence as the main rule Nordic tort law has through both legislation and court practice pragmatically developed several instances of strict liability. Therefore, as to strict liability Nordic tort law appears fragmented and there are differences in detail between the Nordic countries as well. However, in the paper this lack of rigid systematics is not pictured as a failure, but rather as a natural reaction to the need of experimentalism in late modern tort law. The inherent uncertainty of the risk society in combination with the stability demands of the insurance society is well served by situation-specific reactions to new dangers stabilizing in islands of strict liability. A combination of a generalizing and a case list method offers the courts tools for a continuously learning law. However, when assessing the general system of compensation for personal injury, such learning through case law can only provide pointillistic improvement. The bulk of personal injury cases, related i.a. to traffic and employment, is, also in the Nordic countries, covered by legislation based on strict liability and mandatory insurance.
Subject: 513 Law
tort
risk
society
uncertainty regulation
strict liability
Peer reviewed: Yes
Rights: unspecified
Usage restriction: openAccess
Self-archived version: acceptedVersion


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