Dilution of Liability and Multiple Tortfeasors in the Context of Liability for Unrequested Precautions

Michigan Law Review First Impressions, Vol. 108, p. 12, 2009

7 Pages Posted: 23 Jul 2010

See all articles by Assaf Jacob

Assaf Jacob

The Interdisciplinary Center Radziner School of Law

Date Written: November 2009

Abstract

One of the more intriguing questions in tort law is the case of joint and several tortfeasors and the dilution-of-liability puzzle. When harm materializes and there are multiple potential tortfeasors, the law tends to limit the number of joint tortfeasors, focusing the final burden on a small number of actors. This limitation is achieved by several legal mechanisms, such as a no duty rule, a narrow interpretation of negligence, a restrictive implementation of the causal link (be it the but for test, the proximate cause test or the rule of intervening cause test), and a doctrine of remoteness of damage.

Suggested Citation

Jacob, Assaf M., Dilution of Liability and Multiple Tortfeasors in the Context of Liability for Unrequested Precautions (November 2009). Michigan Law Review First Impressions, Vol. 108, p. 12, 2009, Available at SSRN: https://ssrn.com/abstract=1646809

Assaf M. Jacob (Contact Author)

The Interdisciplinary Center Radziner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel
972-9-9527280 (Phone)
972-9-9568605 (Fax)

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