O.C.G.A. § 44-12-64 (2019)
Duty to return property; assumption of risks; time of return
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.
Annotations
Cross references. Theft by conversion, § 16-8-4.
JUDICIAL DECISIONS Duty of redelivery of leased item means only a duty to tender possession of the item at the premises of the bailee, in the absence of an agreement to the con-
trary. Goger v. United States, 4 B.R. 4, 1980 Bankr. LEXIS 5427 (Bankr. N.D. Ga. 1980).
RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 103 et seq. C.J.S. 8 C.J.S., Bailments, § 86 et seq. ALR. Law of general average as affected by fact that necessity for sacrifice or expenditure was due to negligent navigation, 25 A.L.R. 154.
Recovery back of amount paid to bailee for repairs of no benefit to bailor, 31 A.L.R. 698. Duty and liability of farm tenant in respect to livestock leased with farm, 32 A.L.R. 857. Deposit of grain without obligation to return identical grain as a bailment or a sale, 54 A.L.R. 1166. Liability for loss of or damage to auto-
mobile left in parking lot, 131 A.L.R. 1175; 7 A.L.R.3d 927; 13 A.L.R.4th 362; 13 A.L.R.4th 442. Status, rights, and liability of parties to bailment for hire where bailee continues in possession after bailment has ensued, 144 A.L.R. 1024.
Liability of pawnbroker or pledgee for theft by third person of pawned or pledged property, 68 A.L.R.2d 1259. Bailee’s duty to insure bailed property, 28 A.L.R.3d 513.