Hire

contracts, is a bailment, where a compensation is to be given for the use of a thing or for labour or services about it.

2 Kent’s Com. 456; 1 Bell’s Com. 451; Story on Bailm. § 369; see Pothier, contrat de Louage, ch. 1,n.1. Domat, B. 1, tit. 4, §.1, n. 1; Code Civ. art. 1709, 1710; Civ. Code of Lo. art. 2644; 2645.

See this Dict. Hirer, Letter.. The contract of letting and hiring is usually divided into two kinds; first, Locatio or Locatio conductio ret, the bailment of a thing to be used by the hirer for a compensation to be paid by him. Secondly, Zocatio operis, or the hire of the labour and services of the hirer for a compensation to be paid by the letter. And this last kind is again subdivided into two classes; 1. Locatio operis facienda, or the hire of labour and work to be done, or care and attention to be bestowed on the goods let by the hirer for a compensation; or, goods from one place to another, for a compensation.

Jones's Bailm. 6&5, 86, 90, 103, 118; 2 Kent’s Com. 456; Code Civ. art. 1709, 1710, 1711.

This contract arises from the principles of natural law; it is voluntary, and founded in consent; it involyes mutual and reciprocal obligations; and it is for mutual benetit. In some respects it bears a strong resemblance to the contract of sale; the principal dititerence between them being, that in cases of sale, the owner parts with the whole proprietary interest in the thing, and in cases of hire, the owner parts with it only for a temporary use and purpose. Pothier, Louage, n.

2, 3, 4; Jones’s Bailm. 86; Story on Bailm. § 371.

Three things are of the essence of the contract; 1. That there should be a thing to be Iet; 2, a price for the hire; and, 3, a contract possessing a legal obligation. - Pothier, Louage, n.

6.

Civ. Code of Lo. art.

2640.

Hire also means the price given for the use of the thing hired; as, the hirer is bound to pay the hire or recompense.