Beräkning av skadeståndets omfattning vid sakskada med utgångspunkt i 5:7 1 p. SkL

Sammanfattning: This essay deals with the question of how damages on personal property is to be calculated when a damage has occured. It is assumed in this essay that the personal property has been damaged by another person's action. The calculation of the indemnity is based on 5:7 1 p. SkL. The essay presents which method of valuation that is applicable when the damage has taken place, and how the detriment may be classified. The paper outlines the differences between a total damage and a partial damage and how the compensation is to be calculated for each of these damages. In case of damage or loss, the injured party is to be compensated for it’s detriment. In the event of total damage, the general rule is to compensate the aggrieved party by the replacement value of lost or damaged property. In the event of a partial damage, the general rule is to compensate the aggrieved party for the repair expenses. The general rule is that only the value of the lost or the damaged property may be replaced. The repair expenses are generally not allowed to be more expensive than the replacement value. In NJA 2001 s. 65 I and II, the court made an exception from the general rule above. In the legal case the court adjudged an economical compensation that exceeded the replacement value. The legal case has been followed by a comprehensive and scientific debate in legal literature. Today, the legal value of the cases are still uncertain. This issue is discussed in the essay. The essay also accounts for when and how it is allowed and possible to deduct the damages due to use, age and other circumstances. This essay also deals with the question of when and how the principle of compensatio lucri cum damno may be applied. These questions are subject for comprehensive discussions in todays legal literature. Overall, I would say that there is no certain answer to these questions. This paper aims to present and clarify the different existing approaches on the questions. The essay is based on a reparative perspective, focusing on the aggrieved party's right to financial compensation. Today, it is not entirely clear how the aggrieved party is to be compensated when a damage has occurred. Neither the legislation or the legislative history gives us any answers to this issue. In case law the lack of rules and legislation is substantial. It is not unusual that the courts judge differently regarding similar situations, based on the fact that they apply different methods of valuation. This paper aims to clarify the current legal situation. The essay is also about the Norwegian legislation of damages. The aim of the essay is to describe the similarities and differences between the Swedish and the Norwegian legal systems regarding the issue of valuation of damage on personal property. To sum up, there are many similarities between the Swedish and Norwegian law regarding damaged property.