Legal Problems on Civil Liability of the Business in the Sharing Economy: A Case Study of the Delivery Service Business Using an Application
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Abstract
This journal paper is based on the research project which the purpose of the study is to analyze legal problems on civil liability of the business in the sharing economy focusing on the delivery service business using an application. The paper explains a concept of the sharing economy and types of businesses in the sharing economy, and demonstrates business practices of the delivery service using an application in Thailand. It, afterwards, examines a legal relationship among people involving in the delivery service business using an application and analyzes issues on civil liability when there are damages occurred from such business.
The study concludes that the delivery service business using an application is a new form of business operating via a digital platform, so it does not fit into any particular regulatory structures. Therefore, it finds that the legal relationship of people in the delivery service business using an application is formed under the general principle of the contract law. Furthermore, when there are damages occurred during giving the service, the tort claim could be adopted in order to compensate an injured person. Besides, a user or a consumer is able to get a protection and seek compensations from the company under the Consumer Protection law.
The journal paper recommends that there probably be regulations implemented for the era of the internet business of the sharing economy in the near future – especially, the new and precise implementation on obligations and liabilities of the provider and the company.
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