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Apportionment of liability by the stochastic Shapley value

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  • Kim, Jeong-Yoo
  • Lee, Seewoo

Abstract

If multiple defendants are jointly liable for a plaintiff's harm, the court must determine the apportionments of the damages among them. Recently, in a series of papers, Dehez and Ferey (2013) and Ferey and Dehez (2016a,b) took a cooperative game theory approach, and used the Shapley value and the weighted Shapley value to determine the shares especially in the case of sequential acts. In this paper, we argue that their allocation rule is not strictly fair if we take even a small random error into account. We alternatively propose the stochastic Shapley value which extends the definition of the Shapley value to stochastic cooperative games and show that it satisfies ex post efficiency, symmetry, dummy, feasibility and fairness.

Suggested Citation

  • Kim, Jeong-Yoo & Lee, Seewoo, 2019. "Apportionment of liability by the stochastic Shapley value," International Review of Law and Economics, Elsevier, vol. 60(C).
    • Handle: RePEc:eee:irlaec:v:60:y:2019:i:c:s014481881930153x
    DOI: 10.1016/j.irle.2019.105860
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    References listed on IDEAS

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    More about this item

    Keywords

    Fairness; Joint liability; Stochastic cooperative game theory; Stochastic Shapley value; Threshold case;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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