The term “hiring” means a contract by which one person grants to another either the enjoyment of a thing or the use of the labor and industry of himself during a certain time and for a stipulated compensation or by which one person contracts for the labor or services of another person with regard to […]
The hirer of things acquires a qualified ownership of them for the time specified, which qualified ownership entitles him to all their increase and to the possession and enjoyment of them during the period of bailment against everyone else, including the owner himself. History. Orig. Code 1863, § 2057; Code 1868, § 2060; Code 1873, […]
The duties of the hirer of things are: To put the thing to no other use than that for which it is hired; To take ordinary care in its use; To redeliver the thing at the expiration of the bailment; and To comply generally with the terms of the hiring. If the bailor sends his […]
The obligations of the bailor of things are: To do no act to deprive the hirer of the use and enjoyment of the chattel during the period of the bailment; To keep the thing in suitable order and repair for the purposes of the bailment; and To warrant the right of possession and that the […]
The contract of hire may call for the return of the thing or of like property of the same kind and quality. If the return of the thing is specified, the risk of death or inevitable accident is with the bailor and he can retake possession immediately at the expiration of the time of hiring. […]
If either party violates the terms of the hiring, the other party may abandon the contract. If the hirer puts the thing to a different use than is specified in the contract, the bailor may bring an action as for a conversion even if the hirer is a minor. History. Orig. Code 1863, § 2061; […]
The loss or destruction of the thing hired without fault on the part of the hirer puts an end to the bailment, and the hirer is required to pay only for the time it was enjoyed. History. Orig. Code 1863, § 2063; Code 1868, § 2066; Code 1873, § 2092; Code 1882, § 2092; Civil […]
No hirer of a thing has a right to hire out the thing bailed to him to another person except with the consent, express or implied, of the bailor. If the hirer relets to another person without the consent of the bailor, the bailor may either take immediate possession of the thing bailed or waive […]
No hirer of things has a right to remove such things beyond the jurisdiction of this state except by consent of the bailor nor to put the thing hired to any hazardous use unless such use was specially contracted for. History. Orig. Code 1863, § 2072; Code 1868, § 2067; Code 1873, § 2093; Code […]
For an interference with the possession of the thing hired, the right of action is in the hirer; for an injury to the property and for any interference with his property rights, the bailor has a right of action. History. Orig. Code 1863, § 2062; Code 1868, § 2065; Code 1873, § 2091; Code 1882, […]
When the period of the hiring does not exceed one year, the thing hired shall not be subject to sale under a judgment against the owner of the thing which was obtained subsequent to the contract of hire; but the thing may be levied on and a bond for its delivery at the expiration of […]
The hire of labor or services is the essence of every bailment in which goods are delivered to another and compensation is paid for the care, attention, or labor bestowed upon them. It includes the contracts of forwarding and commission merchants, factors, keepers of wharves, mechanics, and all agents in such transactions. In all such […]
In cases of hire of labor or services, if the identical article, though materially changed by the labor bestowed, is to be returned, the title remains in the bailor. If the bailee furnishes a portion of the materials, the title to the entire structure is in the party furnishing the larger portion of the materials. […]
The bailee for hire of labor and services is entitled to the possession of the thing bailed during the bailment. History. Orig. Code 1863, § 2079; Code 1868, § 2074; Code 1873, § 2100; Code 1882, § 2100; Civil Code 1895, § 2918; Civil Code 1910, § 3491; Code 1933, § 12-411.
If the thing bailed for labor and services is destroyed without fault on the part of the bailee, the loss falls upon the bailor; and the bailee may demand compensation for the labor expended and materials used upon it. History. Orig. Code 1863, § 2080; Code 1868, § 2075; Code 1873, § 2101; Code 1882, […]
Since peculiar confidence is reposed in a factor, he may, in the absence of instructions, exercise his discretion according to the general usages of the trade. In return, greater and more skillful diligence and the most active good faith are required of him. History. Orig. Code 1863, § 2090; Code 1868, § 2085; Code 1873, […]
The keeper of a livery stable is a depository for hire and is bound to use the same diligence as an innkeeper. History. Orig. Code 1863, § 2102; Code 1868, § 2097; Code 1873, § 2124; Code 1882, § 2124; Civil Code 1895, § 2943; Civil Code 1910, § 3515; Code 1933, § 12-402.
The relationship of the owner of an automobile and the owner of the garage in which the automobile is stored is that of bailor and bailee. The bailee is bound to use ordinary care for the safekeeping and return of the automobile. History. Code 1933, § 12-403. History of Section. This Code section is derived […]
One who keeps a wharf is a depository for hire and is liable upon the same principles as a warehouseman. History. Orig. Code 1863, § 2092; Code 1868, § 2087; Code 1873, § 2113; Code 1882, § 2113; Civil Code 1895, § 2931; Civil Code 1910, § 3504; Code 1933, § 12-406.
