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Multiple Causation, Apportionment and the Shapley Value

Author

Listed:
  • Samuel FEREY
  • Pierre DEHEZ

Abstract

Multiple causation is one of the most intricate issues in contemporary tort law. Apportioning a loss suffered by a victim among multiple tortfeasors is indeed difficult, and courts do not always follow clear and consistent principles. Here, we argue that the axiomatic approach provided by the theory of cooperative games can be used to clarify that issue. We previously considered the question from a purely game-theoretic point of view. Here we analyze it from a legal perspective. We consider in particular the difficult case of successive causation to which we associate a general class of games called sequential liability games. We show that our model rationalizes the two-step process proposed by Restatement (Third) of Torts, apportionment by causation and apportionment by responsibility. More precisely, we show that the weighted Shapley value is the legal counterpart of this two-step process.
(This abstract was borrowed from another version of this item.)

Suggested Citation

  • Samuel FEREY & Pierre DEHEZ, 2016. "Multiple Causation, Apportionment and the Shapley Value," LIDAM Reprints CORE 2756, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
    • Handle: RePEc:cor:louvrp:2756
    Note: In : Journal of Legal Studies, 45, 143-171, 2016
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    Cited by:

    1. Takayuki Oishi & Gerard van der Laan & René van den Brink, 2023. "Axiomatic analysis of liability problems with rooted-tree networks in tort law," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 75(1), pages 229-258, January.
    2. 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.
    3. Marie Obidzinski & Yves Oytana, 2025. "Advisory algorithms, automation bias and liability rules," Working Papers 2025-08, CRESE.
    4. Takayuki Oishi & Gerard van der Laan & René van den Brink, 2018. "The Tort Law and the Nucleolus for Generalized Joint Liability Problems," Discussion Papers 37, Meisei University, School of Economics.
    5. Welter, Dominik & Napel, Stefan, 2016. "Responsibility-based allocation of cartel damages," VfS Annual Conference 2016 (Augsburg): Demographic Change 145886, Verein für Socialpolitik / German Economic Association.
    6. Jens Gudmundsson & Jens Leth Hougaard & Chiu Yu Ko, 2020. "Sharing sequentially triggered losses," IFRO Working Paper 2020/05, University of Copenhagen, Department of Food and Resource Economics.
    7. Kim, Jeong-Yoo & Lee, Seewoo, 2019. "Apportionment of liability by the stochastic Shapley value," International Review of Law and Economics, Elsevier, vol. 60(C).
    8. Charreire, Maxime & Langlais, Eric, 2021. "Should environment be a concern for competition policy when firms face environmental liability?," International Review of Law and Economics, Elsevier, vol. 67(C).
    9. Sylvain Béal & David Lowing & Léa Munich, 2024. "Sharing the cost of cleaning up non-point source pollution," Working Papers hal-04634728, HAL.
    10. Dehez, Pierre, 2023. "Sharing a collective probability of success," Mathematical Social Sciences, Elsevier, vol. 123(C), pages 122-127.
    11. Lando, Henrik & Schweizer, Urs, 2021. "Causation and the incentives of multiple injurers," International Review of Law and Economics, Elsevier, vol. 68(C).
    12. Lowing, David & Munich, Léa & Techer, Kevin, 2025. "Allocating the common costs of a public service operator: An axiomatic approach," International Review of Law and Economics, Elsevier, vol. 81(C).
    13. Marie Obidzinski & Yves Oytana, 2022. "Advisory algorithms and liability rules," Working Papers hal-04222291, HAL.
    14. Takahiro Suzuki & Michele Aleandri & Stefano Moretti, 2025. "Mill's canons meet social ranking: A characterization of plurality," Papers 2505.10187, arXiv.org.
    15. Stefan Napel & Dominik Welter, 2021. "Simple Voting Games and Cartel Damage Proportioning," Games, MDPI, vol. 12(4), pages 1-18, October.
    16. Eiko Arata & Toru Hokari, 2025. "Axioms of depreciation methods," Keio-IES Discussion Paper Series 2025-002, Institute for Economics Studies, Keio University.
    17. 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.
    18. 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.
    19. Kevin Techer, 2023. "Hazardous waste transportation: a cost allocation analysis," Working Papers hal-04099139, HAL.
    20. Marie Obidzinski & Yves Oytana, 2022. "Prediction, human decision and liability rules, CRED Working paper No 2022-06," Working Papers hal-04034871, HAL.
    21. Mittelstaedt, Christian & Baumgärtner, Stefan, 2022. "Attribution of Collective Causal Responsibility to Individual Actors in a Stochastic System," VfS Annual Conference 2022 (Basel): Big Data in Economics 264051, Verein für Socialpolitik / German Economic Association.

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