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Do Mass Tort Negligence Class Actions Adequately Compensate Victims and Effectively Deter Tortfeasor Wrongdoing?

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  • Nikki Chamberlain

    (Faculty of Law, University of Auckland, Auckland 1142, New Zealand)

  • Michael Legg

    (Faculty of Law and Justice, University of New South Wales, Sydney, NSW 2052, Australia)

Abstract

The objectives of the class action procedural device and the tort of negligence overlap in that they both seek to compensate victims for their loss and, according to some, they both seek to deter tortfeasor wrongdoing. However, in practice, does the class action procedure facilitate the fulfilment of these dual aims? This article explains how the class action aids compensation and deterrence, but also addresses the significant issues that hinder the class action’s effectiveness in meeting its compensatory and deterrence aims in an Australian and New Zealand context. It concludes by laying the foundation for further research to improve the effectiveness of class actions or by possibly adopting supplementary or alternative remedial/regulatory procedures.

Suggested Citation

  • Nikki Chamberlain & Michael Legg, 2025. "Do Mass Tort Negligence Class Actions Adequately Compensate Victims and Effectively Deter Tortfeasor Wrongdoing?," Laws, MDPI, vol. 14(5), pages 1-21, September.
    • Handle: RePEc:gam:jlawss:v:14:y:2025:i:5:p:71-:d:1756521
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