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The Shapley Value and Apportionment among Multiple Tortfeasors
[Valeur de Shapley et répartition des dommages civils en cas de multiples co-auteurs]

Author

Listed:
  • Samuel Ferey

    (BETA - Bureau d'Économie Théorique et Appliquée - INRA - Institut National de la Recherche Agronomique - UNISTRA - Université de Strasbourg - UL - Université de Lorraine - CNRS - Centre National de la Recherche Scientifique)

Abstract

Courts often face the difficult problem of establishing damage causation and apportioning compensation payments among multiple tortfeasors. However, legal scholars and practitioners are still looking for a systematic apportionment method. We analyse these issues from a cooperative game perspective. The problem is modelled as a transferable utility game to which standard solution concepts can be applied. Instead of reasoning on causation, we use the traditional solution of cooperative game theory to apportion the damages due by each tortfeasor. The Shapley value is particularly suited to this legal context, as its axioms are consistent with the fundamental principles of private law.

Suggested Citation

  • Samuel Ferey, 2015. "The Shapley Value and Apportionment among Multiple Tortfeasors [Valeur de Shapley et répartition des dommages civils en cas de multiples co-auteurs]," Post-Print hal-01735888, HAL.
  • Handle: RePEc:hal:journl:hal-01735888
    DOI: 10.3917/ecop.202.0037
    as

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