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How to share joint liability: A cooperative game approach

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  • Dehez, Pierre
  • Ferey, Samuel

Abstract

Sharing damage that has been caused jointly by several tortfeasors is analyzed from a normative point of view. We show how damage can be apportioned on two distinct bases: causation and degree of misconduct. Our analysis uses the concept of potential damage on the basis of which we define a transferable utility game. Its core defines acceptable judgments as allocations of the total damage against which no group of tortfeasors can object. We show that weighted Shapley values define acceptable judgments and, vice versa, acceptable judgments reveal weights. Our paper illustrates how the cooperative approach may bring useful insights into legal questions. In particular, the Shapley value appears of special interest, being founded on axioms that are in line with fundamental principles of tort law.

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Bibliographic Info

Article provided by Elsevier in its journal Mathematical Social Sciences.

Volume (Year): 66 (2013)
Issue (Month): 1 ()
Pages: 44-50

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Handle: RePEc:eee:matsoc:v:66:y:2013:i:1:p:44-50

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Web page: http://www.elsevier.com/locate/inca/505565

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  1. Ambec, S. & Sprumont, Y., 2000. "Sharing a River," Cahiers de recherche 2000-08, Centre interuniversitaire de recherche en économie quantitative, CIREQ.
  2. Greenberg, Joseph & Weber, Shlomo, 1986. "Strong tiebout equilibrium under restricted preferences domain," Journal of Economic Theory, Elsevier, vol. 38(1), pages 101-117, February.
  3. Pierre Dehez, 2011. "Allocation Of Fixed Costs: Characterization Of The (Dual) Weighted Shapley Value," International Game Theory Review (IGTR), World Scientific Publishing Co. Pte. Ltd., vol. 13(02), pages 141-157.
  4. Monderer, Dov & Samet, Dov & Shapley, Lloyd S, 1992. "Weighted Values and the Core," International Journal of Game Theory, Springer, vol. 21(1), pages 27-39.
  5. Fleurbaey,Marc & Maniquet,François, 2011. "A Theory of Fairness and Social Welfare," Cambridge Books, Cambridge University Press, number 9780521715348, April.
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  7. S. C. Littlechild & G. Owen, 1973. "A Simple Expression for the Shapley Value in a Special Case," Management Science, INFORMS, vol. 20(3), pages 370-372, November.
  8. Pierre Dehez, 2011. "Allocation of fixed costs: characterization of the (dual) weighted Shapley value," Working Papers of BETA 2011-03, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
  9. Duranton, Gilles & Martin, Philippe & Mayer, Thierry & Mayneris, Florian, 2010. "The Economics of Clusters: Lessons from the French Experience," OUP Catalogue, Oxford University Press, number 9780199592203, September.
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Cited by:
  1. Takayuki Oishi & Shin Sakaue, 2014. "A Microeconomic Analysis toward Building Liability Lawin the Post-Earthquake Era," KIER Working Papers 890, Kyoto University, Institute of Economic Research.
  2. MOSSAY, Pascal & TABUCHI, Takatoshi, 2012. "Preferential trade agreements harm third countries," CORE Discussion Papers 2012035, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).

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