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Articles 1 - 11 of 11
Full-Text Articles in Law
Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick
Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick
Georgia Law Review
There is a long-existing circuit split among federal courts of appeals as to whether an individual has standing under Article III of the United States Constitution when their personally identifying information (PII) is stolen from an entity to which they entrusted it such as a hospital or bank. Federal courts disagree as to whether an individual whose PII has been stolen—without more—has suffered an injury-in-fact, a necessary element of standing. The disagreement between the courts centers on whether the injury-in-fact has already occurred at the time the PII is stolen or whether the injury occurs once the PII has been …
The New Bailments, Danielle D’Onfro
The New Bailments, Danielle D’Onfro
Washington Law Review
The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …
Bailor Beware: Limitations And Exclusions Of Liability In Commercial Bailments, A. Darby Dickerson
Bailor Beware: Limitations And Exclusions Of Liability In Commercial Bailments, A. Darby Dickerson
Vanderbilt Law Review
Although people enter into bailment agreements every day, the diversity and significance of bailments generally are unknown to lay persons and ignored by lawyers. This neglect stems in part from the antiquity of bailment and from its overlap with other branches of the law.' One commentator has stated that "bailment stands at the point at which contract, tort, and property law converge," representing a contractual conveyance of personal property that is enforceable in tort. Although bailment draws from other areas of the law, it retains a separate legal personality whose independent character has yet to be fully explored.The term "bailment," …
The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster
The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster
Michigan Law Review
As might have been expected, the courts have not confined their efforts in updating the law of products liability to fostering innovations in that segment dealing with warranties. The struggle to impose strict tort liability upon a manufacturer for harm caused by his defective products has made significant advances and is continuing: However, the citadel has yet to be taken. Indeed, even the California Supreme Court, which may be considered the leading proponent of this strict tort theory, has limited its availability so that only those seeking redress for harm to person or property may invoke the doctrine; thus, a …
Promissory Estoppel: Principle From Precedents: Ii, Benjamin F. Boye
Promissory Estoppel: Principle From Precedents: Ii, Benjamin F. Boye
Michigan Law Review
It is ancient learning that a person is free to refuse to accept an appointment as agent but that "acceptance must be followed by execution or prompt resignation." Though such was the law of the Romans of Justinian's time, it has taken our courts many years to reach the same conclusion. Indeed, it was not until the Restatement of Agency was published in 1933 that the basis of liability of one who gratuitously undertook to act as agent for another was expressed in approximately the same form.
Bailment - Liability For Contents Of Closed Receptacle - Mickey V. Sears, Roebuck & Co.
Bailment - Liability For Contents Of Closed Receptacle - Mickey V. Sears, Roebuck & Co.
Maryland Law Review
No abstract provided.
Parking Lot - Bailment -Theft By Employee - Goldberg V. Kunz
Parking Lot - Bailment -Theft By Employee - Goldberg V. Kunz
Maryland Law Review
No abstract provided.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
This Issue Is Dedicated To The Late Professor Edwin C. Goddard, Grover C. Grismore, E. Blythe Stason
This Issue Is Dedicated To The Late Professor Edwin C. Goddard, Grover C. Grismore, E. Blythe Stason
Michigan Law Review
Edwin C. Goddard, a professor emeritus of the University of Michigan Law School, died in Ann Arbor, after a brief illness, on Friday, August 14, 1942. Those of us who were associated with him during his many years of service to the Law School feel that we have lost a wise adviser, a capable and faithful associate, and a loyal friend.
Liability Of Lessors Of Safe Deposit Boxes - Takoma Park Bank V. Abbott
Liability Of Lessors Of Safe Deposit Boxes - Takoma Park Bank V. Abbott
Maryland Law Review
No abstract provided.