6.2. Generally: The basis for damages, the chain of causation and relevant economic loss
The brokerage firm’s liability depends on the behaviour of broker A, and the Court begins by quoting the Act on Damages (13th June 1969, nr. 26) Section 2-1 on the liability of the employer for “damage caused intentionally or negligently” by an employee. The Court continues by remarking on the standard required, with strict liability applying to professional relationships, cf. the statement in HR-2022-1316 that where
“the employee is professional, a strict norm applies for the level of attention. This is a consequence of the professional being subject in normal circumstances to professional skill levels and standards to which both the contracting party and others can reasonably expect adherance” (section 32).
This is supported by the quotas (briefly mentioned in 3 above) from rules given by the shipbrokers´ association.
If the brokerage firm is in breach of the required standards through inattention, the claim for damages then depends on the “conditio sine qua non” formula. That is to say, what the status would have been if the event in question had not taken place.