Axiomatic analysis of liability problems with rooted-tree networks in tort law

B-Tier
Journal: Economic Theory
Year: 2023
Volume: 75
Issue: 1
Pages: 229-258

Authors (3)

Takayuki Oishi (not in RePEc) Gerard van der Laan (Tinbergen Instituut) René van den Brink (not in RePEc)

Score contribution per author:

0.670 = (α=2.01 / 3 authors) × 1.0x B-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

Abstract We analyze a legal situation in which a plaintiff suffers the total damage of the cumulative injury that is caused by multiple sequences of tortfeasors’ wrongful acts. This liability situation is modeled by a tuple consisting of a rooted-tree network of causation of the injury, and a list of marginal damages. The problem is to determine how to share the total damage among the tortfeasors in such situations. A rule is a mapping that associates with each liability problem a list of payments to be made by the tortfeasors to pay for the plaintiff’s harm. We axiomatize two rules that are obtained as the Nucleolus and the Shapley value, respectively, of a coalitional game with tortfeasors as players. The axioms involved in these axiomatizations are derived from the legal concept of tort law.

Technical Details

RePEc Handle
repec:spr:joecth:v:75:y:2023:i:1:d:10.1007_s00199-021-01399-w
Journal Field
Theory
Author Count
3
Added to Database
2026-01-29