"A Rule Adumbrated": Bailment on Terms and the Rule of Law

Gibbs-Kneller, David ORCID: https://orcid.org/0000-0002-6596-8536 (2022) "A Rule Adumbrated": Bailment on Terms and the Rule of Law. Law Quarterly Review. ISSN 0023-933X (In Press)

[thumbnail of A_Rule_Adumbrated_LQR_v0_7] PDF (A_Rule_Adumbrated_LQR_v0_7) - Accepted Version
Restricted to Repository staff only until 31 December 2099.

Request a copy


Argues that bailment on terms is a duplicative rule on when parties are bound to terms because it rests on the same justificatory principle for a cause of action in contract: consent. The rule is contrary to the rule of law because like cases are not treated alike and disputes are resolved according to a discretion, not law. It matters because it foists contractual liability onto parties, which redistributes risk, reorders established rules of law, and weakens the benefits of the rule of law.

Item Type: Article
Uncontrolled Keywords: bailment,contract,tort,rule of law,private law
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: LivePure Connector
Date Deposited: 10 Oct 2022 13:31
Last Modified: 10 Oct 2022 13:31
URI: https://ueaeprints.uea.ac.uk/id/eprint/88928

Actions (login required)

View Item View Item