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

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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.
Original languageEnglish
Pages (from-to)592-614
Number of pages23
JournalLaw Quarterly Review
Volume139
Early online date21 Sep 2023
Publication statusPublished - Oct 2023

Keywords

  • Bailment
  • Contract
  • Tort
  • Rule of law
  • private law
  • Jurisprudence

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