Please use this identifier to cite or link to this item: http://hdl.handle.net/10419/145349
Authors: 
Oishi, Takayuki
van der Laan, Gerard
van den Brink, René
Year of Publication: 
2016
Series/Report no.: 
Tinbergen Institute Discussion Paper 16-042/II
Abstract: 
For joint liability problems concerning tort law, a legal compensation scheme may be based on lower and upper bounds of compensation for injury and on case-system consistency. Introducing several properties inspired from this observation, we analyze compensation schemes axiomatically under the situation where causation of the cumulative injury appears in multiple sequences of wrongful acts. The situation underlying the model is described by a rooted-tree graph. We show that there is a unique compensation scheme that satisfies three axioms, one about lower bounds of individual compensations, one about upper bounds of individual compensations, and one about case-system consistency. This unique compensation scheme is the nucleolus of an associated liability game.
Subjects: 
Liability problems
Tort law
Rooted-tree graph
Axiomatization
Nucleolus
JEL: 
D63
K13
K49
Document Type: 
Working Paper

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