Alex Kaiserman, ‘Partial Liability’

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.

Alex Kaiserman, Partial Liability, Legal Theory volume 23, issue 1, March 2017. DOI: Published online: 31 July 2017.

First posted 2017-08-04 05:56:35

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