Private Law Theory

INTRODUCTION
… Part I of this Comment discusses the sharing economy’s revolutionary effect in the marketplace and introduces the complexity of sharing-economy companies’ business models. Part II exposes the inadequacy of traditional tort classifications to define liability in the sharing economy by presenting the Carroll v American Empire Surplus Lines Insurance Co and Doe v Uber Technologies opinions. Part III demonstrates the manner in which Congress or state legislatures may enforce an insurance-based solution and apply such a solution in the context of Carroll and Doe v Uber. Finally, this Comment concludes by explaining the advantages of a legislative insurance-based solution to courts, sharing-economy companies, agents, and consumers.

Cecilia G Vazquez, The Sharing Revolution: Changing Times Call for Clarifying Tort Liability, 80 Louisiana Law Review (2020).

First posted 2020-04-23 05:28:24