§ 57. Compensation for the buyer's breach of contract
The seller (selger) can claim compensation for the loss your late payment or lack of cooperation (medvirkning) has caused him. You avoid liability only if you can show that it was due to an impediment beyond your control — such as a stoppage in payment services or similar extraordinary circumstances. Ordinary financial problems are not enough.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
(1) The seller may claim compensation for the loss he suffers as a result of delay in payment on the part of the buyer (kjøper). This does not apply, however, insofar as the buyer proves that the delay is due to a stoppage in communications or payment services or another impediment beyond the buyer's control which he could not reasonably be expected to have taken into account at the time the contract was made, or to have avoided or overcome the consequences of. The other rules in § 27 (2) and (3) apply correspondingly.
(2) The seller may claim compensation under the rules in § 27 for the loss he suffers as a result of a. the buyer not cooperating in the performance (oppfyllelse) of the purchase, or b. the buyer not taking over the goods in due time under § 50 letter (b), in cases where the seller has a special interest in getting rid of the goods.
What does this mean?
The counterpart to § 27. When you are the one in breach of contract (mislighold), the seller can claim compensation — with the same strict liability.
Late payment (first subsection): The seller can claim compensation. You avoid liability only if you can document an impediment beyond your control:
- A stoppage in communications
- A stoppage in payment services (banking systems down)
- Another extraordinary impediment you could not foresee or avoid
Ordinary financial problems are NOT a valid impediment. You bear the risk for your own finances.
Lack of cooperation or failure to take over the goods (second subsection): The seller can claim compensation under the same rules as § 27 — strict liability with strict requirements for the impediment.
Indirect loss (indirekte tap): The rules in § 67 (2) apply — indirect loss requires a stronger basis. In practice it is almost always late payment interest (forsinkelsesrente) + direct loss (direkte tap) such as extra shipping costs and extra storage.
Examples
Anne has bought equipment for NOK 45,000 on an invoice (faktura) with a 30-day payment deadline. The due date passes. The seller has to take out a more expensive overdraft facility to cover cash flow — NOK 2,200 in extra interest costs. The seller can claim this NOK 2,200 as compensation under § 57 (1) — in addition to ordinary late payment interest under § 71. Anne cannot show any impediment beyond her control.
Tom has bought furniture for NOK 32,000. He does not pay and does not collect it. The seller has a special interest in getting rid of the furniture (it takes up a lot of storage space) and has to rent temporary storage for NOK 4,500. The seller can claim this under § 57 (2). In addition, he can cancel the purchase (heving) (§ 55) and sell the furniture to others — possibly with compensation for the price difference (§ 68).
Common mistakes
- As a buyer: believing that "tight cash flow" is a valid impediment — it is not
- As a seller: forgetting to document the specific loss
- Forgetting that late payment interest comes in addition
What should you do?
As a seller:
- Document all extra costs
- Late payment interest runs automatically from the due date
- Claim compensation in writing with an itemised breakdown
As a buyer:
- If you have problems: say so openly and try to negotiate
- Be realistic about your own risk