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Liability Situations with Successive Tortfeasors

Frank Huettner () and Dominik Karos ()
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Frank Huettner: Sungkyunkwan University
Dominik Karos: Center for Mathematical Economics

A chapter in Advances in Collective Decision Making, 2023, pp 191-204 from Springer

Abstract: Abstract Given a tort that involves several tortfeasors, an allocation scheme attributes to each of them that part of the damage that reflects their responsibility. We consider successive torts—i.e., torts that involve a causality chain—and show that simple and intuitive principles, which are well-known in the law of tort, uniquely define an allocation scheme. We show that this scheme incentivizes agents to exhibit a certain level of care, creating an efficient prevention of accidents. We further describe the unique rule according to which a liability situation has to be adjusted after a partial settlement such that incentives to settle early are created.

Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:stcchp:978-3-031-21696-1_12

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DOI: 10.1007/978-3-031-21696-1_12

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