By nature, law professors, particularly those interested in the laws governing associations of various sorts, wonder about the nature of the relationships growing out of group activity. The reporters are full of cases where people drifted into a relationship without having the “what are we doing?” discussion. Often, they wake up one morning, and someone says “Morning, partner!”

What about liability in tort for the wrongful acts of another co-blogger? Libel, plagiarism and copyright infringement spring to mind.

Without a profit motive, it would be hard to classify the relationship as a business partnership. But how about the venerable doctrine of “joint adventure”? Traditionally, that requires only a common purpose. I know that some states have begun to require a common pecuniary purpose, but I don’t know how widespread that is.

Gary Rosin
South Texas College of Law