Definition of HIRE


HIRE

of Lo. art. 2640.


8. There is a species of contract in which, though no price in money be
paid, and which, strictly speaking, is not the contract of hiring, yet
partakes of its nature. According to Pothier, it is an agreement which must
be classed with contracts do ut des. (q. v.) It frequently takes place
among poor people in the country. He gives the following example: two poor
neighbors, each owning a horse, and desirous to plough their respective
fields, to do which two horses are required, one agrees that he will let
the other have his horse for a particular time, on condition that the
latter will let the former have his horse for the same length of time. Du
Louage n. 458. This contract is not a hiring, strictly speaking, for want
of a price; nor is it a loan for use, because there is to be a recompense.
It has been supposed to be a partnership; but it is different from that
contract, because there is no community of profits. This contract is, in
general, ruled by, the same principles which govern the contract of hiring.
19 Toull. n. 247.


9. Hire also, means the price given for the use of the thing hired; as,
the hirer is bound to pay the hire or recompense. Vide Domat. liv. 1, tit.
4; Poth. Contrat de Louage; Toull. tomes 18, 19, 20; Merl. Rpert. mot
Louage; Dalloz, Dict. mot Louage; Argou, Inst. liv. 3, c. 27.


Source: Bouviers Law Dictionary 1856 Edition

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