The focus of this Special Issue is to analyse the intersections between the sharing economy and the remits of private law broadly construed, in order to further understand their interactions. This would encompass all obligations, tort, and property aspects of the sharing economy and/or platform economies. Topics such as user agreements, product and personal liability, agency and employment (not including precarity of gig work), and so on will be considered. The focus of this Special Issue also includes issues surrounding platforms constructing their own internal 'law' (regulation of activity and inbuilt dispute mechanisms) through the use of private law instruments, as well as the connection with debates around self-regulation versus external regulation. Approaches might involve delineating areas where legal doctrines impede sharing practices, or conversely where law could be used to promote or benefit sharing. Approaches might also involve drawing out tensions caused by the application of law to sharing relationships where legal doctrines pose a risk to the integrity of sharing, and vice versa.
The scope of this Special Issue will encompass all remits of private law from common and civil law traditions. This includes contract, obligations, tort/delict, and property (real and personal) law, along with their related specialised topics which include but are not limited to consumer rights and protections, consumer credit, corporate practices, agency, employment (excluding gig work), risk, insurance, product and personal liability, data, privacy, land law, housing and tenancy (excluding zoning regulations and public policy), contract terms, remedies, and alternative dispute resolutions. Interdisciplinary approaches that are directly concerned with these issues are also welcome.
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