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

42 Pages Posted: 9 Dec 2016

See all articles by Chad G. Marzen

Chad G. Marzen

Florida State University

Darren A. Prum

Florida State University

Robert J. Aalberts

University of Nevada, Las Vegas

Date Written: December 9, 2016

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.

Suggested Citation

Marzen, Chad G. and Prum, Darren A. and Aalberts, Robert J., The New Sharing Economy: The Role of Property, Tort and Contract Law for Managing the Airbnb Model (December 9, 2016). New York University Journal of Law and Business, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2883185

Chad G. Marzen (Contact Author)

Florida State University ( email )

College of Business
Tallahassee, FL 32306
United States

Darren A. Prum

Florida State University ( email )

College of Business
P. O. Box 3061110
Tallahassee, FL 32306-1110
United States

Robert J. Aalberts

University of Nevada, Las Vegas ( email )

College of Business & Economics
524 VIA DEL CAPITANO CT
Henderson, NV 89011
United States

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