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Comparative Causation

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  • Francesco Parisi

Abstract

This article examines the criterion of comparative causation according to which an accident loss is apportioned between a faultless tortfeasor and an innocent victim on the basis of their relative causal contributions to the loss. To explain the rule's structural features, we consider a scenario where liability is allocated on the basis of causation, regardless of fault. While this model brings to light several interesting features, it also unveils the limits of such a criterion with respect to induced activity and care levels. Next we extend the model to consider the comparative causation rule in conjunction with negligence rules. Applying the comparative causation rule under a negligence regime induces a combination of incentives that is not provided by any known liability rule. Copyright 2004, Oxford University Press.

Suggested Citation

  • Francesco Parisi, 2004. "Comparative Causation," American Law and Economics Review, Oxford University Press, vol. 6(2), pages 345-368.
    • Handle: RePEc:oup:amlawe:v:6:y:2004:i:2:p:345-368
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    Cited by:

    1. Feldman Allan & Singh Ram, 2021. "Equilibria Under Negligence Liability: How the Standard Claims Fall Apart," Review of Law & Economics, De Gruyter, vol. 17(1), pages 1-33, March.
    2. Donatella Porrini, 2005. "Environmental Policies Choice as an Issue of Informational Efficiency," Chapters, in: Jürgen G. Backhaus (ed.), The Elgar Companion to Law and Economics, Second Edition, chapter 23, Edward Elgar Publishing.
    3. Kundu, Rajendra P. & Kaur, Harshil, 2022. "Efficient simple liability assignment rules: A complete characterization," Mathematical Social Sciences, Elsevier, vol. 116(C), pages 22-31.
    4. Ram Singh, 2006. "On the Existence and Efficiency of Equilibria under Liability Rules," Working papers 150, Centre for Development Economics, Delhi School of Economics.
    5. David Howarth, 2023. "English tort law and the pandemic: the dog that has not barked," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 48(3), pages 577-607, July.
    6. Emanuela Carbonara & Alice Guerra & Francesco Parisi, 2016. "Sharing Residual Liability: The Cheapest Cost Avoider Revisited," The Journal of Legal Studies, University of Chicago Press, vol. 45(1), pages 173-201.
    7. Ram Singh, 2005. "Comparative Causation -- A Re-examination," Working papers 139, Centre for Development Economics, Delhi School of Economics.
    8. Qi Zhou, 2009. "Economic analysis of the legal standard for deceit in English tort law," European Journal of Law and Economics, Springer, vol. 28(1), pages 83-102, August.
    9. Allan M. Feldman & Ram Singh, 2009. "Comparative Vigilance," American Law and Economics Review, Oxford University Press, vol. 11(1), pages 134-161.
    10. Nuno Garoupa & Thomas S. Ulen, 2013. "The economics of activity levels in tort liability and regulation," Chapters, in: Thomas J. Miceli & Matthew J. Baker (ed.), Research Handbook on Economic Models of Law, chapter 2, pages 33-53, Edward Elgar Publishing.
    11. FRANCESCO PARISI & Ram Singh, 2009. "Efficiency Of Equilibria Under Comparative Causation," Working papers 179, Centre for Development Economics, Delhi School of Economics.
    12. Nuno Garoupa, 2009. "Least-Cost Avoidance: The Tragedy of Common Safety," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 25(1), pages 235-261, May.
    13. Diego M. Papayannis, 2016. "El derecho privado como cuestión pública. Serie de Teoría Jurídica y Filosofía del Derecho N.º 75," Books, Universidad Externado de Colombia, Facultad de Derecho, number 818, October.
    14. Allan M Feldman & Ram Singh, 2008. "Comparative Vigilance: a Simple Guide," Working Papers 2008-11, Brown University, Department of Economics.

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