hirer


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HIRER, 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, Sec. 1, n. 2; Jones' Bailm. 70; see this Dict. Letter.
     2. 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 in a cart, or to carry loads, or as a beast of burden. Pothier Louage, n. 189; Domat, B. 1, tit. 4, Sec. 2, art. 2, 3; Jones' Bailm. 68, 88; 2 Saund. 47 g, and note; 1 Bell's Com. 454; 1 Cowen's R. 322; 1 Meigs, R. 459. 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' Bailm. 68; 2 Ld. Raym. 915. So, if they are hired for a week, he has no right to use them for a month, Jones' Bailm. 68; 2 Ld. Raym. 915; 5 Mass. 104. And if the thing be 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 occur, although by inevitable casualty, he will be responsible therefor. 1 Rep. Const. C. So. Car. 121; Jones' Bailm. 68, 121; 2 Ld. Raym. 909, 917. In short, such a misuser 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.
     3. The above rules apply to cases where the hirer has the possession as well as the use of the thing hired when the owner or his agents retain the possession, the hirer is not in general responsible for an injury done to it. For example, when the letter of a carriage and a pair of horses sent his driver with them and an injury occurred, the hirer was held not to be responsible. 9 Watts, R. 556, 562; 5 Esp. R. 263; Poth. Louage n. 196; Jones, Bailm. 88; Story., Bailm. Sec. 403. But see 1 Bos. & P. 404, 409; 5 Esp. N. P. c 35; 10 Am. Jur. 256.
     4. Another implied obligation of the hirer is to restore the thing hired, when the bailment, is determined. 4 T. R. 260; 3 Camp. 5, n.; 13 Johns. R. 211.
     5. The time, the place, and the mode of restitution of the thing hired, are governed by the circumstances of each case depend and depend upon rules of presumption of the intention of the parties, like those in other cases of bailment. Story on Bailm. Sec. 415
     6. 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. 2, Sec. 2, n. 11 Code Civ; art. 1728.
     See, generally, Bouv. Inst. Index, h.t.; Employer; Letter.

References in periodicals archive ?
Its objective is to define the acceptable and the unacceptable standards for a unit to be returned at the end of its contract, so that the hirer can take the necessary maintenance or repair actions over the contract period.
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Hirers say they can spot these people through the walls because they have the hangdog look of someone who's sure he/she isn't going to be hired, but is going through the motions.
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Laura is at an advantage, having taken part in a month of challenges in The Hirer.
If the bike is damaged or confiscated by the police for riding on the road or anything like that, the hirer is expected to pay for that in full," he added.
In addition, from day one of an assignment, an agency worker will be entitled to the same access to the hirer's collective facilities and amenities, such as canteen facilities, childcare facilities and transport services, as a comparable employee of the hirer - this is unless there is objective justification to deny access.
After identifying a number of general points of symmetry between them, this paper more carefully examines the close connection between the mark-up pricing of a product seller and the mark-down pricing behavior of a resource hirer. It then illustrates the connection between third-degree price and wage discrimination for one particular case.
Even the best-qualified outsider will have trouble convincing a hirer that he can soothe and heal better than an insider who already knows the history, the politics and the personalities.
Last year, the court applied the same rationale to bar third-party suits based on "negligent hiring." These cases allege that the hirer failed to use reasonable care to employ a competent contractor.
The first-person narration, for instance, is often interrupted by a correspondence between the traveler and a mysterious Contractor (Hirer) who, according to the fictitious plot, is covering the traveler's expenses.
* The hirer terminates the independent contractor at will.