§ 58. The buyer's duty to give notice of an impediment
If you as the buyer (kjøper) are prevented from fulfilling your obligations, you must notify the seller (selger) of the impediment and how it affects performance (oppfyllelse). If the seller is not told within a reasonable time after you became aware, or should have become aware, of the problem, he can claim compensation (erstatning) for losses he could have avoided with early notice.
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)
If the buyer is prevented from performing the purchase at the right time, he shall notify the seller of the impediment and its effect on the ability to perform. If the seller does not receive such notice within a reasonable time after the buyer became aware, or should have become aware, of the impediment, the seller may claim compensation for losses that could have been avoided if he had received the notice in time.
What does this mean?
This is the mirror image of § 28. You have a duty to give notice in the same way as the seller — as soon as you realise that you are being prevented from doing your part, you must say so.
The duty: Tell the seller about the impediment and what it means for your ability to perform. You must not wait until the deadline has passed.
The consequence: If you do not give notice in time, the seller can claim compensation for the loss he could have avoided if you had given notice. Example: if you had told the seller about your payment problems early, he could have stopped production, reduced stock, or found a new buyer.
This applies regardless of whether you have a valid impediment or not (§ 57). Even if you have a good excuse for the delay (forsinkelse) itself, you can be liable for compensation for failing to give notice.
Examples
Eva has ordered equipment for NOK 80,000, with payment agreed for 1 March. Already on 1 February she knows that she will not be able to make the payment — her cash flow is poor. She says nothing. Only on 5 March does she say that she cannot pay. Between 1 February and 5 March the seller has ordered in goods, kept stock ready and made plans on the basis of the payment. Had Eva given notice on 1 February, he could have stopped most of the costs. Under § 58 the seller can claim compensation for the loss he could have avoided — typically storage and preparation costs.
Lars has ordered a specialised machine. He loses his job and cannot pay. He says so immediately. The seller can stop production and sell the machine to another customer. Lars has fulfilled his duty under § 58. The seller is still entitled to compensation for the loss he actually suffers — but not for losses avoided thanks to Lars's early notice.
Common mistakes
- Keeping problems hidden and hoping things will sort themselves out — it makes everything more expensive
- Believing that if you have a valid reason (illness, accident), you do not need to give notice — you must give notice regardless
- As a seller: forgetting that separate liability for failure to give notice gives a separate right to compensation
What should you do?
When you realise that you cannot perform:
- Give notice immediately — in writing
- Explain the impediment and the expected consequence
- Propose solutions — negotiate a new schedule, split the payment
- Document when you sent the message
Template:
"I can see that I will have problems with [payment / taking over / information] under our agreement. The reason is [specific]. Expected effect: [delay / need for something else]. I propose [specific solution]. Let's talk about this."