Amund Bjøranger Tørum
Partner - dr. juris, Oslo
Mob +47 986 42 573
Tel +47 23 01 15 70
The access to make direct claims is analysed in relation to four
different aspects. Firstly, it is examined to which extent direct
claims, in particular direct breach claims, can be based on
background rules pertaining to contract law.
Secondly, it is examined whether direct claims, in particular direct compensation claims, can be based on so-called enrichment standpoints.
Thirdly, it is examined to which extent direct claims can be based on party dispositions (cession and third-party contracts).
Fourthly, it is examined whether direct compensation claims can be based on delict, in particular with a view to pure loss of assets. The author does also consider the relation between these aspects for direct claims, and a central question is whether they apply side by side or if some of them have precedence.
Author: Amund Bjøranger Tørum
Number of pages: 659