Partial liability

Legal Theory 23 (1):1-26 (2017)
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Abstract

In most cases, liability in tort law is all-or-nothing—a defendant is either fully liable or not at all liable for a claimant's loss. By contrast, this paper defends a causal theory of partial liability. I argue that a defendant should be held liable for a claimant's loss only to the degree to which the defendant's wrongdoing contributed to the causing of the loss. I ground this principle in a conception of tort law as a system of corrective justice and use it to critically evaluate different mechanisms for “limiting” liability for consequences of wrongdoing and for “apportioning” liability between multiple wrongdoers.

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Alex Kaiserman
University of Oxford

References found in this work

Causes and Conditions.J. L. Mackie - 1965 - American Philosophical Quarterly 2 (4):245 - 264.
Seeing and Knowing.L. C. Holborow - 1971 - Philosophical Quarterly 21 (82):82-83.
Causality: Models, reasoning and inference.Christopher Hitchcock - 2001 - Philosophical Review 110 (4):639-641.
Causal Contribution.Alex Kaiserman - 2016 - Proceedings of the Aristotelian Society 116 (3):387-394.

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