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’.
Newman, Christopher M, Bailment and the Property/Contract Interface (September 2, 2015). George Mason Legal Studies Research Paper No LS 15-12.