Locatio operis faciendi
LOCATIO OPERIS FACIENDI, contracts. A term used in the civil law. There are
two kinds, first, the location operis faciendi, strictly so called, or the
hire of labor and services; such as the hire of tailors to make clothes, and
of jewelers to set gems, and of watchmakers to repair watches. Jones' Bailm.
90, 96, 97. Secondly, Locatio custodiae, or the receiving of goods on
deposit for a reward, which is properly the hire of care and attention about
the goods. Story on Bailm. 422, 442; 1 Bouv. Inst. n. 994.
2. In contracts for work, it is of the essence of the contract, first, that there should be work to be done; secondly, for a price or reward; and, thirdly, a lawful contract between parties capable and intending to contract. Pothier, Louage, n. 395 to 403.