Tort Law and Insurance Law

Description

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. Learning outcomes - Knowledge: Through the course, students must acquire: - Good knowledge of the central national sources of law in compensation and insurance law, and knowledge of international sources of law. - Good knowledge of the principles within tort and insurance law, and the considerations underlying the rules. - Good knowledge of basic concepts in tort law and insurance law. Tort law - Good knowledge of the bases of liability; culpability, statutory and non-statutory objective liability and employer responsibility. - Good knowledge of financial loss and compensation legal protection. - Good knowledge of actual and legal causation. - Knowledge of the distribution of responsibility in the case of several responsible tortfeasors, and the importance of the victim's relationship. - Knowledge of the rules for measuring the compensation claim. Insurance law - Knowledge of the public law regulation of the insurance sector. - Good knowledge of the rules on entering into insurance contracts. - Good knowledge of which rules apply to a concluded insurance contract. - Good knowledge of the various types of insurance contracts, including what rights third parties may have after a concluded insurance contract. - Knowledge of the central types of insurance in business. Learning outcomes - Skills: After completing the course, students should be able to: - Identify and formulate tort and insurance law issues in writing and orally. - Use legal methods to systematise, analyze and reason to arrive at a professionally sound position in tort and insurance law. General Competence: Upon completion of the course, the students must have developed the ability to take an independent and critical approach to questions of tort and insurance law. The students must have developed the ability for critical reflection, through the use of legal methods. Teaching and learning activities: The course is carried out using varied learning activities in a combination of traditional lectures, problem solving, group work, various digital learning activities and self-study. The main emphasis of the arranged teaching is on lectures and group work. The individual topics reviewed in lectures are further elaborated and processed in smaller working groups of 20-25 students. The work in the working groups is led by academic staff and consists of a combination of practical task solving, discussion, oral presentations, reflection and review of proposed solutions. The material used in the working groups will be able to deal with topics across courses in the current semester. In parts of the program in the organized working groups, the students are divided into colloquium groups of 4-5 students. Work in the colloquium groups will develop the ability to solve relevant problems and discuss methodological issues with fellow students. The students' ability to communicate and argue for their positions, both orally and in writing, must be practiced through group work. For a good learning outcome, students are expected to participate actively in all learning activities, including work groups and colloquium groups. Lovdata Pro and other relevant databases for legal source searches will be used actively in all learning activities. Software tools: Software defined under the section "Teaching and learning activities". Qualifications: Higher Education Entrance Qualification. Required prerequisite knowledge: No special prior knowledge is required. Assessments: Assessments Exam category: School Exam Form of assessment: Written School Exam - digital Exam/hand-in semester: First Semester Weight: 100 Grouping: Individual Support materials: - Digital resource: Lovdata Pro (Digital Exam Mode) - Laws and regulations Duration: 5 Hour(s) Exam code: JUR 34251 Grading scale: ECTS Resit: Examination every semester Type of assessment: Ordinary examination Total weight: 100 Student workload: Activity Duration Comment Teaching 26 Hour(s) Seminar groups 5 Hour(s) Digital resources 8 Hour(s) Student's own work with learning resources 20 Hour(s) Prepare for teaching 66 Hour(s) Group work / Assignments 40 Hour(s) Submission(s) 30 Hour(s) Examination 5 Hour(s) Sum workload: 200 Incoming exchange students at BI Norwegian Business School select courses from BI's official semester-specific exchange course lists. BI defines a full semester as 30 ECTS; bachelor courses are typically 7.5 ECTS each (4 per semester) and master courses are typically 6 ECTS each (5 per semester). Course availability, prerequisites, and timetabling are confirmed via BI's International Office and the Learning Agreement process.