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Report No. 85

Norway.- In Norway, as early as 1912, strict liability was introduced for road traffic accidents. The Norwegian Motor Traffic Act (1912) imposed strict liability for loss or damage caused by motor vehicle (with an exception for contributory negligence). As a result of fairly recent amendments, the general liability of owners of motor-cars has in the main been abolished. The traditional personal liability (whether based on a reversed fault rule or on a strict rule) has receded into the background and has been replaced in the main by a system of compulsory first party motor insurance1-2.

Personal liability (of the owner and user) is thus abolished, in so far as insurance covers the loss or. damage3 Their liability is replaced by the insurance system for the direct benefit of the injured person4. If the loss or damage exceeds the limits of the policy personal liability survives. The development of the Norwegian compulsory traffic accident insurance for motor vehicles is of great interest. But we may confine ourselves to some of the salient features of the present system5.

1. Gomard Compensation for Auto Accidents, (1970) 13 AJCL 80, 82, 83.

2. See also Hellner in (1972) 16 Scandinavian Studies in Law, p. 187.

3. Motor Vehicle Liability Act, 3rd Feb., 1961, Norwa y.

4. Gomard Compensation for Auto Accidents, (1970) 18 AJCL 80, 85, 88.

5. Selmer Interaction between Insurance & Tort Theories, (19700 18 AJCL 145, 149.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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