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HIRE

Legal Term: HIRE
Definition: 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. R«pert. mot Louage; Dalloz, Dict. mot Louage; Argou, Inst. liv. 3, c. 27.



***All definitions are taken from the 1856 Edition of Bouviers Law Dictionary

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