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Full-Text Articles in Law
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 …
Super-Statutory Contracting, Kristelia A. García
Super-Statutory Contracting, Kristelia A. García
Washington Law Review
The conventional wisdom is that property rules induce more—and more efficient—contracting, and that when faced with rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent, private copyright deals show some intellectual property owners doing just the opposite: faced with statutory liability rules, they are contracting for more protection than that dictated by law, something this Article calls “super-statutory contracting”—either by opting for a stronger, more tailored liability rule, or by contracting into property rule protection. Through a series of deal analyses, this Article explores this counterintuitive phenomenon, and updates seminal thinking on …
Notes On The Reliance Interest, Robert Birmingham
Notes On The Reliance Interest, Robert Birmingham
Washington Law Review
The topic is Contract Damages. The interests are defined by how we protect them. Imagine a breaching promisor. We protect the reliance interest of the promisee by requiring the promisor to put her in a position as good as she would have been in had the parties not contracted. The other interests are the restitution interest, which we protect by requiring the promisor to give back what the promisee has given him; and the expectation interest, which we protect by requiring the promisor to put the promisee in a position as good as she would have been in had he …
Assumption Of Liability By Implication, Leo D. Bloch
Assumption Of Liability By Implication, Leo D. Bloch
Washington Law Review
In the case of the National Credit Company v. Casco Company, the plaintiff's assignor sold to the Avalon Theatre Company, defendant's lessee, a neon electric sign under a conditional sales contract. To secure rental payments, defendant secured from the Theatre Company, its lessee, a chattel mortgage on all the furniture and fixtures owned by the lessee located upon the premises. Upon default in payment, defendant foreclosed the mortgage and purchased at the foreclosure sale, defendant receiving from the sheriff a bill of sale of all the property covered by the chattel mortgage, including the neon sign. Subsequently, defendant leased the …