Innkeepers' liability for guests' property: contracting out is against the law
Article Abstract:
Some Australian states have attempted to provide innkeepers with statutory authority to limit liability for guests' property, but attempts to contract out of liability appear to be contrary to both common law and the Australian Trade Practices Act. Under common law, innkeepers were strictly liable for guests' property, and many modern cases support this view. Claiming that guests do not have a remedy for property stolen or harmed would contravene the Trade Practices Act as a misrepresentation. Booking through tour guides or travel agents may also defeat privity of contract between inn and guest.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1996
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The tragedy of the anticommons: property in the transition from Marx to markets
Article Abstract:
Governments in countries with developed and undeveloped market economies should be careful not to create anticommons properties where multiple persons are given exclusionary use rights because the result is underuse. Practical examples are evidence that bundling of rights is important if governments wish to avoid underuse. Governments should eliminate practices based upon the inadequate theory that use efficiency can be achieved by clearly defined rights and contract enforcement.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Whiteness as property
Article Abstract:
Race and property are closely intertwined regimes in US law, in which whiteness functions as a legally protected form of property. Both whiteness and property are based on the right to exclude. The property interest in whiteness distorts current affirmative action policy, but affirmative action reconceived could dismantle the link between racial identity and property.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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