Wednesday, September 23, 2015

Newman on Bailment and the Property/Contract Interface

NewmanChristopher Newman (George Mason) has posted Bailment and the Property/Contract Interface on SSRN.  Here's the abstract:

This article seeks to contribute to both the theory of private law and our understanding of bailment doctrine. Building on earlier work by Thomas Merrill and Henry Smith, I offer a revised model of the interplay between property and contract, one that incorporates the concept of license. Applying this model to bailment doctrine, I find that it resolves certain problems that have long vexed the field, including the nature of a constructive bailment and the standard of liability for so-called “contractual deviation.”

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