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
Date Written: November 2009
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.
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