The contract of hire may call for the return of the thing or of like property of the same kind and quality. If the return of the thing is specified, the risk of death or inevitable accident is with the bailor and he can retake possession immediately at the expiration of the time of hiring. If the return of like property of the same kind and quality is specified, the risk is with the bailee and he must redeliver the thing hired before the bailor’s interest is revested.
History. Orig. Code 1863, § 2058; Code 1868, § 2061; Code 1873, § 2087; Code 1882, § 2087; Civil Code 1895, § 2905; Civil Code 1910, § 3478; Code 1933, § 12-205.
Cross references.
Theft by conversion, § 16-8-4 .
Structure Georgia Code
Chapter 12 - Rights in Personalty
§ 44-12-61. Qualified Ownership and Rights of Hirer
§ 44-12-62. Duties of Hirer; Liability for Acts of Bailor’s Agents
§ 44-12-63. Obligations of Bailor
§ 44-12-64. Duty to Return Property; Assumption of Risks; Time of Return
§ 44-12-65. Effect of Breach of Contract; Action for Conversion by Bailor
§ 44-12-66. Effect of Loss or Destruction of Thing Hired; Liability of Hirer
§ 44-12-67. When Hirer May Relet; Effect of Reletting Without Consent of Bailor
§ 44-12-68. Consent Required for Removal of Hired Thing From State or Hazardous Use
§ 44-12-69. Rights of Action of Hirer and Bailor
§ 44-12-70. Liability of Thing Hired to Execution and Levy; Forthcoming Bond
§ 44-12-71. Hire of Labor or Services; Standard of Care
§ 44-12-72. Title to Article on Which Labor Bestowed
§ 44-12-73. Right to Possession by Bailee
§ 44-12-74. Loss or Destruction of Property; Right of Bailee to Compensation
§ 44-12-75. Exercise of Discretion by Factor; Diligence
§ 44-12-76. Keeper of Livery Stable; Diligence