ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Friday, December 3, 2021

Law Prof Takes Hertz for a Ride

It's a familiar story.  Customer reserves a car with a rental agency.  The rental agency takes the reservation, but they don't hold the reservation, and that's really the most important part, the holding part.  

Well, this bit is so old, nothing to see here.

But wait, imagine if Jerry Seinfeld were not a mere comedian but, I don't know, some, kind of superhero, like a law professor!  

KlonickSt. John's Law's Kate Klonick (right) booked a car through Hertz, but Hertz did not have a car for her.  Eventually, they provided her with a faulty economy car (no rear-view camera, but Professor Klonick was fine with that) and then tried to charge her an extra $500 for the rental.  Professor Klonick, her husband, and their aged dog made it to Western New York to visit her mother and had a Thanksgiving that couldn't be beat.  

But Professor Klonick wrote to Hertz about her experience, and then she posted her letter on Twitter.  Did I mention that Professor Klonick writes about social media?  She followed up with an issue spotter for us contracts profs about possible damages arising from Hertz's breach of contract, but I won't post it here.  I'll save it for next semester when  I cover damages.

Professor Klonick has 35,000 Twitter followers.  Hertz, you messed with the wrong law professor.  The post went viral and was picked up by many mainstream media outlets.  You can read about her experience on Bloomberg here.

On a personal note, I am visiting my mother over Winter Break.  I've booked a car with Hertz.  But the blog only has 450 Twitter followers.  Professor Klonick, I may be retaining you in the near future.

Current Affairs, In the News, True Contracts | Permalink


Bravo Prof. K.!

Posted by: kotodama | Dec 3, 2021 7:25:07 AM

We at Rentals-R-Us, Inc. pride ourselves on being able to "take" an infinite number of reservations.

Posted by: KidKaos | Dec 5, 2021 8:26:05 AM

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