O.C.G.A. § 44-12-66 (2019)
Effect of loss or destruction of thing hired; liability of hirer
The loss or destruction of the thing hired without fault on the part of the hirer puts an end to the bailment, and the hirer is required to pay only for the time it was enjoyed.
History
Orig. Code 1863, § 2063; Code 1868, § 2066; Code 1873, § 2092; Code 1882, § 2092; Civil Code 1895, § 2910; Civil Code 1910, § 3483; Code 1933, § 12-207.
Annotations
Law reviews. For annual survey of law of contracts, see 38 Mercer L. Rev. 107 (1986).
JUDICIAL DECISIONS Provisions of O.C.G.A. § 44-12-66 must control, in the absence of a clear expression of intention by the parties that some other rule would govern their rights in the matter. Dearing Leasing Co. v. Harmon, Inc., 107 Ga. App. 682, 131 S.E.2d 128, 1963 Ga. App. LEXIS 955 (1963).
Where leased personal property is destroyed, without fault of the lessee, the lease is terminated, and so are future payments under the lease. Marjon Assocs. v. Leasing Int’l, Inc., 174 Ga. App. 679, 331 S.E.2d 20, 1985 Ga. App. LEXIS 1926 (1985).
RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 157. C.J.S. 8 C.J.S., Bailments, § 106. ALR. Duty and liability of farm tenant in respect to livestock leased with farm, 32 A.L.R. 857. Liability of bailee where subject of bailment is stolen, 48 A.L.R. 378.
Bailee’s reimbursement of bailor as affecting latter’s right of action against tortfeasor for damaging subject of bailment, 166 A.L.R. 206. Liability of pawnbroker or pledgee for theft by third person of pawned or pledged property, 68 A.L.R.2d 1259.