Hirer

He who hires. See "Bailment." HLAFORD (Saxon). A lord. Hlafordsocna, a lord's protection. Hlafordswice, the crime of betraying one's lord. HLAFORDSWICE (Saxon, h Uford, lord, literally bread given, and wice).

In old English law. Betraying one's lord; treason. Crabb, Hist, Eng. Law, 59, 301. Pine for presence at an illegal assembly. Du Cange.

In the law of bailment, one who takes a thing from another to use it, for a compensation agreed upon.

One who hires a thing, or the labor or services of another person.

contracts. Called in the civil law, conductor, and in the French law, conducteur, procureur, locataire, is he who takes a thing from another, to use it, and pays a compensation therefor. Wood's Inst. B. 3, c. 5, p. 236; Pothier, Louage, n. 1; Domat, B. 1, tit. 4, § 1, n. 2; Jones's Bailm. 70; see this Dict. Letter. There is, on the part of the hirer, an implied obligation, not only to use the thing with due care and moderation, but not to apply it to any other use than that for which it is hired; for example, if a horse is hired as a saddle horse, the hirer has no right to use the horse as a beast of burden. 189; Domat, B. 1, tit. 4, § 2, art. 2, 3; Jones's Bailm. 68, 88; 2 Saund. 47 g, and note; 1 Bell's Com. 454; 1 Cowen's R. 322. If a carriage and horses are hired to go from Philadelphia to New York, the hirer has no right to go with them on a journey to Boston. Jones's Bailm. 63; 2 Ld. Raym. 915. So if they are hired for a week, he has no right to use them for a month. Jones's Bailm. 68; 2 Ld. Raym. 915; 5 Mass. 104. And if the thing is used for a different purpose from that which was intended by the parties, or in a different manner, or for a longer period, the hirer is not only responsible for all damages, but if a loss occurs, although by inevitable casualty, he will be responsible therefor. 1 Rep. Const. C. So. Car. 121; Jones's Bailm. 68, 121; 2 Ld. Raym. 909, 917. In short, such a mis-user is deemed a conversion of the property, for which the hirer is deemed responsible. Bac. Abr. Bailment, C; Id. Trover, C. D; E; 2 Saund. 47 g; 2 Bulst. 306, 309. Another implied obligation of the hirer is to restore the thing hired, when the bailment is determined. 4 T. R. 260. And 3 Campb. 5, n; 13 Johns. R. 211. The time, the place, and the mode of restitution of the thing hired, are governed by the circumstances of each case, and depend upon rules of presumption of the intention of the parties, like those in other cases of bailment. Story on Bailm. § 415. There is also an implied obligation on the part of the hirer, to pay the hire or recompense. Pothier, Louage, n. 134; Domat, B. 2, tit. 4, § 2, n. 11; Code Civ. art. 1728. See generally, Employer, Hire, Letter.