“A rule adumbrated”: Bailment on terms and the rule of law

Gibbs-Kneller, David ORCID: https://orcid.org/0000-0002-6596-8536 (2023) “A rule adumbrated”: Bailment on terms and the rule of law. Law Quarterly Review, 139. pp. 592-614. ISSN 0023-933X

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Abstract

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,jurisprudence
Faculty \ School: Faculty of Social Sciences > School of Law
UEA Research Groups: Faculty of Social Sciences > Research Groups > International Law
Related URLs:
Depositing User: LivePure Connector
Date Deposited: 10 Oct 2022 13:31
Last Modified: 02 Dec 2023 03:29
URI: https://ueaeprints.uea.ac.uk/id/eprint/88928
DOI:

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