Publication Date

6-2012

Journal

University of Pennsylvania Law Review

Abstract

The article challenges the traditional view of property law as a strict liability regime by arguing that negligence principles play a significant role in cases where determining property boundaries or ownership is costly or uncertain. It suggests that when information costs are high, the law incorporates negligence-like standards to protect individuals who act reasonably, and proposes that intellectual property law could similarly benefit from this approach.

Volume

160

Issue

7

First Page

2129

Last Page

2156

Publisher

Penn Carey Law

Disciplines

Law | Torts

Comments

New Dimensions in Property Theory

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