IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v3y2007i1n7.html
   My bibliography  Save this article

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
    as

    Download full text from publisher

    File URL: https://doi.org/10.2202/1555-5879.1093
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.2202/1555-5879.1093?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    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. 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.
    3. Anthony Heyes (ed.), 2001. "The Law and Economics of the Environment," Books, Edward Elgar Publishing, number 2037.
    4. 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.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. 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.
    2. 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.
    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. 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.
    5. Lando, Henrik & Schweizer, Urs, 2021. "Causation and the incentives of multiple injurers," International Review of Law and Economics, Elsevier, vol. 68(C).
    6. 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.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Singh, Ram, 2007. "‘Causation-consistent’ liability, economic efficiency and the law of torts," International Review of Law and Economics, Elsevier, vol. 27(2), pages 179-203.
    2. 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).
    3. Qi Zhou, 2009. "Economic analysis of the legal standard for deceit in English tort law," European Journal of Law and Economics, Springer, vol. 28(1), pages 83-102, August.
    4. Michael Faure, 2009. "Environmental Liability," Chapters, in: Michael Faure (ed.), Tort Law and Economics, chapter 10, Edward Elgar Publishing.
    5. Pierre Bentata, 2014. "Liability as a complement to environmental regulation: an empirical study of the French legal system," Environmental Economics and Policy Studies, Springer;Society for Environmental Economics and Policy Studies - SEEPS, vol. 16(3), pages 201-228, July.
    6. Bentata Pierre, 2013. "Environmental Regulation and Civil Liability Under Causal Uncertainty: An Empirical Study of the French Legal System," Review of Law & Economics, De Gruyter, vol. 9(2), pages 239-263, October.
    7. van Velthoven Ben C.J. & van Wijck Peter W., 2009. "Additive and Non-Additive Risk Factors in Multiple Causation," Review of Law & Economics, De Gruyter, vol. 5(1), pages 517-539, September.
    8. Anne-Sarah Chiambretto & Hubert Stahn, 2017. "Voluntary Management of Fisheries under an Uncertain Background Legislative Threat," Working Papers halshs-01500543, HAL.
    9. Mondello, Gérard, 2012. "La responsabilité environnementale des prêteurs : difficultés juridiques et ensemble des possibles," L'Actualité Economique, Société Canadienne de Science Economique, vol. 88(2), pages 257-278, Juin.
    10. Thomas J. Miceli, 2013. "Collective Responsibility," Working papers 2013-23, University of Connecticut, Department of Economics.
    11. Jain, Satish K. & Kundu, Rajendra P., 2006. "Characterization of efficient simple liability rules with multiple tortfeasors," International Review of Law and Economics, Elsevier, vol. 26(3), pages 410-427, September.
    12. Alberini, Anna & Austin, David, 1999. "On and Off the Liability Bandwagon: Explaining State Adoptions of Strict Liability in Hazardous Waste Programs," Journal of Regulatory Economics, Springer, vol. 15(1), pages 41-63, January.
    13. Jef De Mot & Thomas J. Miceli, 2014. "Comparing All-Or-Nothing and Proportionate Damages: A Rent Seeking Approach," Working papers 2014-30, University of Connecticut, Department of Economics.
    14. Christian Langpap, 2007. "Pollution abatement with limited enforcement power and citizen suits," Journal of Regulatory Economics, Springer, vol. 31(1), pages 57-81, February.
    15. Gérard Mondello, 2012. "The Equivalence of Strict Liability and Negligence Rule: A " Trompe l'œil " Perspective," Post-Print hal-00727223, HAL.
    16. Anna Alberini & David Austin, 2002. "Accidents Waiting to Happen: Liability Policy and Toxic Pollution Releases," The Review of Economics and Statistics, MIT Press, vol. 84(4), pages 729-741, November.
    17. Gérard Mondello, 2013. "Ambiguous Beliefs on Damages and Civil Liability Theories"," Post-Print halshs-00929948, HAL.
    18. Cropper, Maureen L & Oates, Wallace E, 1992. "Environmental Economics: A Survey," Journal of Economic Literature, American Economic Association, vol. 30(2), pages 675-740, June.
    19. Shmuel Leshem & Geoffrey P. Miller, 2009. "All-or-Nothing versus Proportionate Damages," The Journal of Legal Studies, University of Chicago Press, vol. 38(2), pages 345-382, June.
    20. Keith Hylton & Haizhen Lin & Hyo-Youn Chu, 2015. "Negligence and two-sided causation," European Journal of Law and Economics, Springer, vol. 40(3), pages 393-411, December.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:3:y:2007:i:1:n:7. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.