Mot staten processar man gärna - Om jämkning av det allmännas skadeståndsansvar vid felaktig myndighetsutövning

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The purpose of this essay is to review the special liability for damages that is placed on the public sector according to SKL 3:2. Particularly in focus is to witch extent this liability can be reduced through the general adjustment clause in SKL 6:1. There is previous research on the public's liability for damages caused by wrongful exercise of authority, there is also previous research on the general adjustment clause of SKL 6:1. However, there is a lack of specific research on how the public sectors liability should be re-duced by use of this clause. This even though the public's liability for dam-ages has historically been a debated topic and even limited with special rules and grounds for reduction. Thus, my hope is that this paper fills this niche. I will use the legal dogmatic method to determine the applicable law. A historical perspective is also used to examine the background to the public's liability for damages. My historical review shows that the public sectors responsibility for dam-ages has developed step by step. The development is closely connected with society's view of the state's role in a society and the increasing im-portance of the individuals’ human rights. The examination of current law shows that passivity on the part of the individual is the most common ground for reduction of liability in these cases. Particularly common is in-action regarding the possibility of appealing an incorrect authority deci-sion. The investigation also shows that the possibility for the state to re-quest an adjustment of damages due to the individual's passivity has de-creased over time. Development has been driven by practice for two dec-ades. Finally, I critically discuss whether the state's diminishing ability to claim reduction of liability because of the individual’s passivity is appro-priate.

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