When an agreement is not followed up as expected, it can lead to frustration, loss and practical challenges. As a private individual in Norway, you still have rights if someone breaks a contract. In some cases, you may also be entitled to financial compensation.
A breach of contract – also called a breach of contract – occurs when one party fails to fulfill their obligations under the agreement. This can happen in various ways, for example:
Breach of contract can therefore include delays, deficiencies in performance, and complete failure to perform. The type of breach has an impact on the rights you have as a consumer.
As a general rule, you are entitled to compensation if you have suffered a financial loss as a result of the breach of contract. This applies whether the agreement is written or oral, as long as you can document that an agreement exists.
Three basic conditions must be met:
You must have suffered a financial loss – for example, expenses you have incurred because of the error, or lost income. The loss must be tangible and can be documented. It is not enough that you feel disappointed or annoyed.
The loss you have suffered must be a direct result of the breach of contract. If the loss had occurred anyway, you are usually not entitled to compensation.
In many cases, it is sufficient that there is so-called "control liability" - that is, the other party is liable unless they can prove that the breach was due to something beyond their control, which they could not foresee or prevent.
The compensation must cover the financial loss you have suffered. This may include:
In consumer relations – that is, when you as a private individual buys from a business – there are often separate rules that give you special protection, such as the Consumer Purchase Act and the Craftsmen Services Act.
If you want to claim compensation, you should do the following:
A claim for compensation is generally time-barred three years after you became or should have become aware of the circumstances that give rise to the claim. This means that you should act quickly to secure your rights.
If the conditions for compensation are not met, it may be worth considering whether you may be entitled to a price reduction instead. The procedure is quite similar, but the conditions in the law are not identical. This means that you may be entitled to a price reduction even if you are not entitled to compensation, and vice versa.
Many cases can be resolved through good communication. However, if the other party refuses to acknowledge liability, it may be worthwhile to seek legal help. Remember that many homeowners insurance policies cover legal assistance in disputes – check your insurance. If you are unsure and would like an assessment of your case, it is often worth having a non-binding conversation with a lawyer with experience in contract law and tort law.
If you have suffered injury or financial loss as a result of the actions of others, you may be entitled to compensation. This guide provides an overview of what a compensation claim is, what conditions must be met, and how to proceed to claim compensation.
A damages claim is a claim for financial compensation for damage or loss caused by another party. The goal is to restore you to the financial situation you were in before the damage occurred.
To be entitled to compensation, three basic conditions must be met:
Compensation is divided into several categories:
A claim for damages must normally be made within three years of the date you became aware of the damage and the person responsible. Waiting too long may cause the claim to become time-barred, so act quickly. A claim can also be lost as a result of inaction.
If you have a low income or limited resources, you may be entitled to free legal aid from the state. This applies, among other things, to personal injuries and compensation for victims of violence, and covers legal assistance in whole or in part. Contact a lawyer or the county governor for an assessment.
In addition, many insurance policies, such as home and car insurance, include legal aid coverage. This means that legal fees in disputes may be covered, for a deductible. Check the terms of your insurance contract or ask the insurance company directly.
The rules for damages claims and statutes of limitations can be complicated, especially when it is unclear when the statute of limitations begins to run, or if it has been interrupted. If you are unsure whether your claim is still valid, it may be wise to get a legal opinion.
At Insa advokater you will receive assistance from an experienced tort lawyer who has in-depth knowledge of the law and what is required to safeguard your rights. An early assessment can be crucial to the outcome of your case.
When you have a claim for compensation – whether following a personal injury, breach of contract or financial loss – it is important to act within certain time limits. If you wait too long, your claim may be time-barred and you will lose the right to have it fulfilled.
Statute of limitations means that a claim can no longer be asserted if it is not reported within certain deadlines. For compensation claims, this applies to both:
A claim may be time-barred either because too much time has passed from the time the claim could have been met until you actually demand payment, or because you cannot invoke any additional deadlines.
Statutes of limitations serve an important function in the legal system. They are designed to:
In short: the older a claim is, the more difficult it is to prove what actually happened. That's why there are absolute deadlines.
The general limitation period is 3 years . This follows from Section 2 of the Limitation Act. When the period begins to run depends on the type of claim in question.
In the event of a breach of contract, the limitation period runs from the time the breach occurred – normally upon takeover or delivery , not from when you discover the fault.
Example: You have plumbing work done in 2018, but discover in February 2023 that a mistake has been made. The limitation period still ran from 2018, and when the mistake was discovered, more than three years have passed and the limitation period has therefore expired. If you could not have discovered this earlier, you have the opportunity to get an additional period of one year – until February 2024 – to file a claim, even though more than three years have passed since the work was performed.
If you claim compensation from a party with whom you are not in a contractual relationship, the time limit runs from the date you received or should have received the necessary knowledge of both the damage and the person responsible.
Example: You injure yourself after falling on ice outside a store in 2022, but the doctor only proves permanent damage in 2024. The statute of limitations starts in 2024.
Prescription can be interrupted in the following two main ways:
When the statute of limitations is interrupted, the original statute of limitations is interrupted and reset . This means that a new statute of limitations – usually three years – begins from the time the interruption occurred.
The statute of limitations can be challenging to navigate, especially when there is uncertainty about when the statute of limitations starts or whether it has been interrupted. If you are in doubt about whether your claim can still be enforced, it may be a good idea to get a legal opinion.
At Insa lawyers, you will receive assistance from an experienced lawyer in tort law who knows the regulations and what is needed to secure your rights.
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