Economic Basis of Loss Distribution in Tort Law

In the Iranian laws, loss distribution is mainly the case when two or more causes impose damage and the interference of each one in the realization of damage is the basis for damage distribution between them. In common law, damage distribution in civil liability is considered in a broader sense and it is differentiated from the number of causes. In fact, under loss distribution, those cases are considered where the damages that should reasonably be paid by the imposer are distributed among members of the community via some mechanisms. Mechanisms that distribute damages are strict liability and insurance. Justifying participation of a group of people, who have no role in this damage and giving indemnity, is possible via economic meanslike promoting economic efficiency and realizing distributive justice in society and this is the subject of present study to investigate and analyze these basics.