Work

Do Mass Tort Negligence Class Actions Adequately Compensate Victims and Effectively Deter Tortfeasor Wrongdoing?

Year: 2025

Type: article

Abstract: The objectives of the class action procedural device and the tort of negligence overlap in that they both seek to compensate victims for their loss and, according to some, they both seek to deter tortfeasor wrongdoing. However, in practice, does the class action procedure facilitate the fulfilment of these dual aims? This article explains how the class action aids compensation and deterrence, but also addresses the significant issues that hinder the class action's effectiveness in meeting its compensatory and deterrence aims in an Australian and New Zealand context. It concludes by laying the foundation for further research to improve the effectiveness of class actions or by possibly adopting supplementary or alternative remedial/regulatory procedures. Citation: Chamberlain, Nikki, and Michael Legg. 2025. Do Mass Tort Negligence Class Actions Adequately Compensate Victims and Effectively Deter Tortfeasor Wrongdoing? Laws 14: 71. https://doi.org/10.3390/ laws14050071.

Source: Laws

DOI: 10.3390/laws14050071

Authors: Nikki Chamberlain, Michael Legg

Institutions: University of Auckland, UNSW Sydney

Language: English

Topic: Dispute Resolution and Class Actions

Subfield: Strategy and Management

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $1,689