The New Sharing Economy: The Role of Property, Tort and Contract Law for Managing the Airbnb Model

Abstract

In recent years, a new world of property sharing has dawned with companies such as Airbnb rising to fill consumer demand for affordable accommodations. This Article discusses how the traditional laws of property, contracts and torts apply to define rights, duties, and obligations between hosts and guests in the peer-to-peer Airbnb model. The Article examines recent regulatory and legislative efforts in the property sharing arena, and proposes specific recommendations, with a focus on insurance, on how risk can be mitigated for both guests and hosts.