Alternative causation, unidentifiable tortfeasors, and group liability
The analysis presented here deals with situations where the harm is caused by an unidentifiable member of a known group. While it is possible to identify the social segment that generated the harmful conduct, it is impossible to individualize such conduct, “hidden” as it is amidst the mass of indivi...
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Format: | Article |
Language: | English |
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Civilistica.com
2013-10-01
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Series: | Civilistica.com |
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Online Access: | https://civilistica.emnuvens.com.br/redc/article/view/121 |
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author | Caitlin Mulholland |
author_facet | Caitlin Mulholland |
author_sort | Caitlin Mulholland |
collection | DOAJ |
description | The analysis presented here deals with situations where the harm is caused by an unidentifiable member of a known group. While it is possible to identify the social segment that generated the harmful conduct, it is impossible to individualize such conduct, “hidden” as it is amidst the mass of individuals who form the group. This raises questions of whether group liability can exist absent the proper identification of the agent who caused the damages, and how to attribute causation and damages to his behavior. |
first_indexed | 2024-12-17T01:00:50Z |
format | Article |
id | doaj.art-8d7d3b85765440d8bd1e8888e6463e7d |
institution | Directory Open Access Journal |
issn | 2316-8374 |
language | English |
last_indexed | 2024-12-17T01:00:50Z |
publishDate | 2013-10-01 |
publisher | Civilistica.com |
record_format | Article |
series | Civilistica.com |
spelling | doaj.art-8d7d3b85765440d8bd1e8888e6463e7d2022-12-21T22:09:27ZengCivilistica.comCivilistica.com2316-83742013-10-0123119121Alternative causation, unidentifiable tortfeasors, and group liabilityCaitlin MulhollandThe analysis presented here deals with situations where the harm is caused by an unidentifiable member of a known group. While it is possible to identify the social segment that generated the harmful conduct, it is impossible to individualize such conduct, “hidden” as it is amidst the mass of individuals who form the group. This raises questions of whether group liability can exist absent the proper identification of the agent who caused the damages, and how to attribute causation and damages to his behavior.https://civilistica.emnuvens.com.br/redc/article/view/121alternative causationcivil liabilitycausal linkcontemporary doctrine |
spellingShingle | Caitlin Mulholland Alternative causation, unidentifiable tortfeasors, and group liability Civilistica.com alternative causation civil liability causal link contemporary doctrine |
title | Alternative causation, unidentifiable tortfeasors, and group liability |
title_full | Alternative causation, unidentifiable tortfeasors, and group liability |
title_fullStr | Alternative causation, unidentifiable tortfeasors, and group liability |
title_full_unstemmed | Alternative causation, unidentifiable tortfeasors, and group liability |
title_short | Alternative causation, unidentifiable tortfeasors, and group liability |
title_sort | alternative causation unidentifiable tortfeasors and group liability |
topic | alternative causation civil liability causal link contemporary doctrine |
url | https://civilistica.emnuvens.com.br/redc/article/view/121 |
work_keys_str_mv | AT caitlinmulholland alternativecausationunidentifiabletortfeasorsandgroupliability |