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Hire

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

A bailment In which compensation is to be given for the use of a thing, or for labor and services about it.

2 Kent, Comm. 456; Story, Bailm. § 359.

The divisions of this species of contract are denoted by Latin names. Locatio opens faciendi is the hire of labor and work to be done, or care and attention to be bestowed, on the goods let by the hirer, for a compensation. ' Locatio operis mereium vehendarum is the hire of the carriage of goods from one place to another, for a compensation.

Jones, Bailm. 85, 86, 90, 103, 118; 2 Kent, Comm. 456; Civ. Code La. art. 1709-1711.

Locatio rei or locatio conductio rei is the bailment of a thing to be used by the hirer for a compensation to be paid by him. This contract arises from the principles of natural law. It is voluntary, and founded in consent; it involves mutual and reciprocal obligations; and it is for mutual benefit. In some respects it bears a strong resemblance to the contract of sale; the principal difference between them bemg 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. In a sale, the thing itself is the object of the contract; in hiring, the use of the thing is its object. Vinnius. lib.

3, tit. 25, in pr.; Poth. de Contr. du Louage, notes 2-4; Jones, Bailm. 86; Story, Bailm. § 371; 2 Kent, Comm. 456.