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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.

Suggested Citation

  • Dehez, Pierre & Ferey, Samuel, 2013. "How to share joint liability: A cooperative game approach," Mathematical Social Sciences, Elsevier, vol. 66(1), pages 44-50.
  • Handle: RePEc:eee:matsoc:v:66:y:2013:i:1:p:44-50
    DOI: 10.1016/j.mathsocsci.2013.02.003
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    References listed on IDEAS

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    1. Monderer, Dov & Samet, Dov & Shapley, Lloyd S, 1992. "Weighted Values and the Core," International Journal of Game Theory, Springer;Game Theory Society, vol. 21(1), pages 27-39.
    2. Parisi Francesco & Singh Ram, 2010. "The Efficiency of Comparative Causation," Review of Law & Economics, De Gruyter, vol. 6(2), pages 219-245, September.
    3. Ambec, Stefan & Sprumont, Yves, 2002. "Sharing a River," Journal of Economic Theory, Elsevier, vol. 107(2), pages 453-462, December.
    4. 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.
    5. Greenberg, Joseph & Weber, Shlomo, 1986. "Strong tiebout equilibrium under restricted preferences domain," Journal of Economic Theory, Elsevier, vol. 38(1), pages 101-117, February.
    6. Ichiishi, Tatsuro, 1981. "Super-modularity: Applications to convex games and to the greedy algorithm for LP," Journal of Economic Theory, Elsevier, vol. 25(2), pages 283-286, October.
    7. William Thomson, 2007. "Cost allocation and airport problems," RCER Working Papers 537, University of Rochester - Center for Economic Research (RCER).
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    Citations

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    Cited by:

    1. Demuynck, Thomas & Rock, Bram De & Ginsburgh, Victor, 2016. "The transfer paradox in welfare space," Journal of Mathematical Economics, Elsevier, vol. 62(C), pages 1-4.
    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. Pascal Mossay & Takatoshi Tabuchi, 2015. "Preferential Trade Agreements Harm Third Countries," Economic Journal, Royal Economic Society, vol. 125(589), pages 1964-1985, December.
    4. Takayuki Oishi & Gerard van der Laan & René van den Brink, 2016. "An Axiomatic Analysis of Joint Liability Problems with Rooted -Tree Structure," Tinbergen Institute Discussion Papers 16-042/II, Tinbergen Institute.
    5. Welter, Dominik & Napel, Stefan, 2016. "Responsibility-based allocation of cartel damages," Annual Conference 2016 (Augsburg): Demographic Change 145886, Verein für Socialpolitik / German Economic Association.
    6. 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.
    7. Béal, Sylvain & Ferrières, Sylvain & Rémila, Eric & Solal, Philippe, 2016. "Axiomatic characterizations under players nullification," Mathematical Social Sciences, Elsevier, vol. 80(C), pages 47-57.
    8. repec:wsi:igtrxx:v:19:y:2017:i:03:n:s0219198917500128 is not listed on IDEAS
    9. Pierre Dehez, 2017. "On Harsanyi Dividends and Asymmetric Values," International Game Theory Review (IGTR), World Scientific Publishing Co. Pte. Ltd., vol. 19(03), pages 1-36, September.

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