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Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

In this article, I show how a coherent legal narrative must capture the revolution's radical policy by abandoning the no tort liability rule, which can be done in a number of ways: an open acknowledgement that the duty to repair creates a new property right that must be enforced by a property rule or more subtly through the use of both traditional and modern tools of jurisprudence, that is, legal fictions, equitable maxims and economic efficiency analysis. This article proceeds with a discussion of the common law landlord-tenant law, the adoption of the implied warranty of habitability, along with the …