Platform Intermediaries in the Sharing Economy: Questions of Liability and Remedy

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

Resumé

National and international characteristics of sharing economy imply that a platform intermediary may hold a dominant legal and economic position between a debtor and a creditor. Legally, such an agent1 will be the commercial link between the performance debtor and the performance creditor. Hence, the platform intermediary’s contractual obligations do not appertain to the performance creditor by default but to the economic and legal nexus between the committed and legitimate contractors. Yet recent legal practice in Danish substantive law, along with a series of court rulings, indicates that a platform intermediary may under certain circumstances be considered duty subject in relation to the performance creditor. In such cases, the platform intermediary—though originally deemed an agent—is contractually obliged to the performance debtor. This creates two interesting legal issues which are analysed in our article. First, we address the requirements and circumstances which may lead to the platform intermediary being directly liable to the performance creditor in case of non-performance of the sharing economy service in question. Secondly, we analyse which remedies the performance creditor can impose on the intermediary in a situation where the intermediary is considered contractually obliged to the performance debtor.
OriginalsprogEngelsk
TidsskriftNordic Journal of Commercial Law
Sider (fra-til)21-41
Antal sider21
DOI
StatusUdgivet - 2019

Citer dette

@article{84d4c2730bad4921a7c574861e7f48c3,
title = "Platform Intermediaries in the Sharing Economy: Questions of Liability and Remedy",
abstract = "National and international characteristics of sharing economy imply that a platform intermediary may hold a dominant legal and economic position between a debtor and a creditor. Legally, such an agent1 will be the commercial link between the performance debtor and the performance creditor. Hence, the platform intermediary’s contractual obligations do not appertain to the performance creditor by default but to the economic and legal nexus between the committed and legitimate contractors. Yet recent legal practice in Danish substantive law, along with a series of court rulings, indicates that a platform intermediary may under certain circumstances be considered duty subject in relation to the performance creditor. In such cases, the platform intermediary—though originally deemed an agent—is contractually obliged to the performance debtor. This creates two interesting legal issues which are analysed in our article. First, we address the requirements and circumstances which may lead to the platform intermediary being directly liable to the performance creditor in case of non-performance of the sharing economy service in question. Secondly, we analyse which remedies the performance creditor can impose on the intermediary in a situation where the intermediary is considered contractually obliged to the performance debtor.",
author = "Kim {\O}stergaard and {Sandfeld Jakobsen}, S{\o}ren",
year = "2019",
doi = "10.5278/ojs.njcl.v0i1.3299",
language = "English",
pages = "21--41",
journal = "Nordic Journal of Commercial Law",
issn = "1459-9686",

}

Platform Intermediaries in the Sharing Economy : Questions of Liability and Remedy. / Østergaard, Kim; Sandfeld Jakobsen, Søren.

I: Nordic Journal of Commercial Law, 2019, s. 21-41.

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

TY - JOUR

T1 - Platform Intermediaries in the Sharing Economy

T2 - Questions of Liability and Remedy

AU - Østergaard, Kim

AU - Sandfeld Jakobsen, Søren

PY - 2019

Y1 - 2019

N2 - National and international characteristics of sharing economy imply that a platform intermediary may hold a dominant legal and economic position between a debtor and a creditor. Legally, such an agent1 will be the commercial link between the performance debtor and the performance creditor. Hence, the platform intermediary’s contractual obligations do not appertain to the performance creditor by default but to the economic and legal nexus between the committed and legitimate contractors. Yet recent legal practice in Danish substantive law, along with a series of court rulings, indicates that a platform intermediary may under certain circumstances be considered duty subject in relation to the performance creditor. In such cases, the platform intermediary—though originally deemed an agent—is contractually obliged to the performance debtor. This creates two interesting legal issues which are analysed in our article. First, we address the requirements and circumstances which may lead to the platform intermediary being directly liable to the performance creditor in case of non-performance of the sharing economy service in question. Secondly, we analyse which remedies the performance creditor can impose on the intermediary in a situation where the intermediary is considered contractually obliged to the performance debtor.

AB - National and international characteristics of sharing economy imply that a platform intermediary may hold a dominant legal and economic position between a debtor and a creditor. Legally, such an agent1 will be the commercial link between the performance debtor and the performance creditor. Hence, the platform intermediary’s contractual obligations do not appertain to the performance creditor by default but to the economic and legal nexus between the committed and legitimate contractors. Yet recent legal practice in Danish substantive law, along with a series of court rulings, indicates that a platform intermediary may under certain circumstances be considered duty subject in relation to the performance creditor. In such cases, the platform intermediary—though originally deemed an agent—is contractually obliged to the performance debtor. This creates two interesting legal issues which are analysed in our article. First, we address the requirements and circumstances which may lead to the platform intermediary being directly liable to the performance creditor in case of non-performance of the sharing economy service in question. Secondly, we analyse which remedies the performance creditor can impose on the intermediary in a situation where the intermediary is considered contractually obliged to the performance debtor.

UR - https://sfx-45cbs.hosted.exlibrisgroup.com/45cbs?url_ver=Z39.88-2004&url_ctx_fmt=info:ofi/fmt:kev:mtx:ctx&ctx_enc=info:ofi/enc:UTF-8&ctx_ver=Z39.88-2004&rfr_id=info:sid/sfxit.com:azlist&sfx.ignore_date_threshold=1&rft.object_id=2320000000010081&rft.object_portfolio_id=&svc.holdings=yes&svc.fulltext=yes

U2 - 10.5278/ojs.njcl.v0i1.3299

DO - 10.5278/ojs.njcl.v0i1.3299

M3 - Journal article

SP - 21

EP - 41

JO - Nordic Journal of Commercial Law

JF - Nordic Journal of Commercial Law

SN - 1459-9686

ER -