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Overdetermined Causation Cases, Contribution And The Shapley Value, Samuel Ferey, Pierre Dehez
Overdetermined Causation Cases, Contribution And The Shapley Value, Samuel Ferey, Pierre Dehez
Chicago-Kent Law Review
The overdetermined causation cases (duplicative causation, concurrent causes, etc.) challenge the consistency and relevance of the but for test in torts. A strict application of the but for criterion to these cases leads to paradoxes and solutions that violate common sense. This explains why a large amount of literature has been developed in philosophy and jurisprudence to provide more accurate causation criteria. This paper adds to this literature by considering over-determination cases from an economic and mathematical point of view. Following Martin van Hees and Matthew Braham in their 2009 article Degrees of Causation, we consider over-determined cases through cooperative …
Causation And Standard Of Proof From An Economic Perspective, Bruno Deffains, Claude Fluet, Maiva Ropaul
Causation And Standard Of Proof From An Economic Perspective, Bruno Deffains, Claude Fluet, Maiva Ropaul
Chicago-Kent Law Review
Causation is a problematic notion, as explained by Ronald Coase regarding the “bilateral nature” of externalities. However, causation has played only a minor role in standard economic models of civil liability. An exception is the sub-literature on Uncertainty Over Causation and the Determination of Civil Liability, the benchmark paper written by Steven Shavell in 1985: “. . . the familiar notion that for parties to be led to reduce accident risks appropriately, they should generally face probability-discounted or ‘expected’ liability equal to the increase in expected losses that they create. This, of course, is naturally the case in the absence …
Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues, Ken Oliphant
Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues, Ken Oliphant
Chicago-Kent Law Review
This paper reviews from a comparative legal perspective the range of juridical techniques that have been developed in different legal systems to address perceived problems of uncertain alternative causation. It finds that the process of development has generally proceeded in an ad hoc and unprincipled fashion, without regard for overall coherence. It argues for a more principled legal approach in which the appropriate legal response (full liability, proportional liability or no liability) is adopted on the basis of a ranking of the different categories of cases in which problems of causal uncertainty can arise, reflecting the strength (or weakness) of …