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Multiple Tortfeasors: An Economic Analysis

Author

Listed:
  • Young Robert

    (Nottingham University, Business School, UK)

  • Faure Michael

    (Metro, Maastricht University, The Netherlands)

  • Fenn Paul

    (Nottingham University, Business School, UK)

Abstract

This paper provides a coherent framework for classifying cases with multiple tortfeasors in relation to the efficient allocation of liability across the tortfeasors. We construct a simple model in which various tortfeasors contribute to a loss, and consider efficient liability rules under various assumptions.

Suggested Citation

  • Young Robert & Faure Michael & Fenn Paul, 2007. "Multiple Tortfeasors: An Economic Analysis," Review of Law & Economics, De Gruyter, vol. 3(1), pages 111-132, May.
    • Handle: RePEc:bpj:rlecon:v:3:y:2007:i:1:n:7
    DOI: 10.2202/1555-5879.1093
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    References listed on IDEAS

    as
    1. Shavell, Steven, 1985. "Uncertainty over Causation and the Determination of Civil Liability," Journal of Law and Economics, University of Chicago Press, vol. 28(3), pages 587-609, October.
    2. Anthony Heyes (ed.), 2001. "The Law and Economics of the Environment," Books, Edward Elgar Publishing, number 2037.
    3. Tom H. Tietenberg, 1989. "Indivisible Toxic Torts: The Economics of Joint and Several Liability," Land Economics, University of Wisconsin Press, vol. 65(4), pages 305-319.
    4. Young, Robert & Faure, Michael & Fenn, Paul, 2004. "Causality and causation in tort law," International Review of Law and Economics, Elsevier, vol. 24(4), pages 507-523, December.
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    Cited by:

    1. Julien Jacob & Eve-Angéline Lambert & Emmanuel Peterle, 2022. "Several liability with sequential care: an experiment," European Journal of Law and Economics, Springer, vol. 54(2), pages 283-326, October.
    2. Samuel Ferey & Pierre Dehez, 2016. "Multiple Causation, Apportionment, and the Shapley Value," The Journal of Legal Studies, University of Chicago Press, vol. 45(1), pages 143-171.
    3. Clavé, Salvador Anton & Saladié, Òscar & Cortés-Jiménez, Isabel & Fernandez Young, Anita & Young, Robert, 2015. "How different are tourists who decide to travel to a mature destination because of the existence of a low-cost carrier route?," Journal of Air Transport Management, Elsevier, vol. 42(C), pages 213-218.
    4. Grepperud Sverre, 2020. "Individual or Enterprise Liability? The Roles of Sanctions and Liability Under Contractible and Non-contractible Safety Efforts," Review of Law & Economics, De Gruyter, vol. 16(3), pages 1-28, November.
    5. Dylan Martin-Lapoirie, 2022. "Teamwork in health care and medical malpractice liability: an experimental investigation," European Journal of Law and Economics, Springer, vol. 54(2), pages 251-282, October.
    6. Lando, Henrik & Schweizer, Urs, 2021. "Causation and the incentives of multiple injurers," International Review of Law and Economics, Elsevier, vol. 68(C).

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