O.C.G.A.

O.C.G.A. § 44-12-60 (2019)

“Hiring” defined

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The term “hiring” means a contract by which one person grants to another either the enjoyment of a thing or the use of the labor and industry of himself during a certain time and for a stipulated compensation or by which one person contracts for the labor or services of another person with regard to a thing bailed to such other person for a specified purpose.

History

Orig. Code 1863, § 2056; Code 1868, § 2059; Code 1873, § 2085; Code 1882,

§ 2085; Civil Code 1895, § 2903; Civil Code 1910, § 3476; Code 1933, § 12-201.

Annotations

JUDICIAL DECISIONS Services performed for wages or under any contract of hire are one and same as a matter of law. National Trailer Convoy, Inc. v. Undercofler, 109 Ga. App. 703, 137 S.E.2d 328, 1964 Ga. App. LEXIS 963 (1964). Lease agreement as contract for hire. - Where it was clear from the terms of an automobile lease agreement that a contract for hire was created, with lessor as bailor and lessee as bailee, the relationship between the parties was governed by the lease terms, and by the statutory obligations of a bailor under O.C.G.A. § 44-12-63. Mark Singleton Buick, Inc. v. Taylor, 194 Ga. App. 630, 391 S.E.2d 435, 1990 Ga. App. LEXIS 288 (1990).

A ski rental agreement established the relationship of bailor-bailee which was governed by the terms of the agreement and the obligations of a bailor under O.C.G.A. § 44-12-63. Benford v. RDL, Inc., 223 Ga. App. 800, 479 S.E.2d 110, 1996 Ga. App. LEXIS 1284 (1996). Where bailment for mutual benefit exists. - Where an article is bailed to another for the purpose of making repairs on it for a consideration, the bailment is in its inception for the mutual benefit of both the bailor and the bailee. Shropshire v. Caylor, 94 Ga. App. 37, 93 S.E.2d 586, 1956 Ga. App. LEXIS 457 (1956).

RESEARCH REFERENCES ALR. Bailment: effect of failure to reply to

notice of rate at which goods then on premises may be left, 24 A.L.R. 968.

Character of contract to raise seed, 29 A.L.R. 647. Character of contract for use of chattels

with agreement for replacements, 38 A.L.R. 175.

Notes of Decisions

Cited in 3 cases, 1990–1996 · leading case: Mark Singleton Buick, Inc. v. Taylor, 391 S.E.2d 435 (Ga. Ct. App. 1990).

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Mark Singleton Buick, Inc. v. Taylor, 391 S.E.2d 435 (Ga. Ct. App. 1990). · cites it 4× “It is clear from the terms of the lease agreement that a contract for hire as defined in OCGA § 44-12-60 was created, with appellant as bailor and appellee as bailee.”

Wright v. Transus, Inc., 434 S.E.2d 786 (Ga. Ct. App. 1993). · cites it 4× “That the case cannot be decided as a matter of law is evidenced *777 by the differences of opinion of the members of this court. Motion for reconsideration denied.”

Benford v. RDL, Inc., 479 S.E.2d 110 (Ga. Ct. App. 1996). · cites it 2× “Because Benford was injured and contended the skis did not release, Jackson, the store manager, had the bindings tested with the Vermont Calibrator, a device used to measure the torque it takes to remove a boot from its binding, and the skis rented by Benford passed the test.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.