reglab/housing_qa huggingface dataset:
GA Code § 44-12-64 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-64. 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.   (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.   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 contrary. Goger v. United States, 4 Bankr. 4 (N.D. Ga. 1979).   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 automobile 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.
GA Code § 44-12-65 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-65. Effect of Breach of Contract; Action for Conversion by Bailor

 If either party violates the terms of the hiring, the other party may abandon the contract. If the hirer puts the thing to a different use than is specified in the contract, the bailor may bring an action as for a conversion even if the hirer is a minor.   (Orig. Code 1863, § 2061; Code 1868, § 2064; Code 1873, § 2090; Code 1882, § 2090; Civil Code 1895, § 2908; Civil Code 1910, § 3481; Code 1933, § 12-206.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, § 230 et seq.   C.J.S.   - 8 C.J.S., Bailments, §§ 35, 99 et seq.   ALR.    - Appropriation by carrier for its own use of coal or other commodity shipped over its line, 29 A.L.R. 1241.    Recovery back of amount paid to bailee for repairs of no benefit to bailor, 31 A.L.R. 698.    Relation between customer and broker receiving bonds or other securities for sale or exchange, 52 A.L.R. 501.    Validity and effect of acceleration clause in lease or bailment, 58 A.L.R. 300; 128 A.L.R. 750.
GA Code § 44-12-66 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-66. 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.   (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.)   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).    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).   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 tort-feasor 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.
GA Code § 44-12-67 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-67. When Hirer May Relet; Effect of Reletting Without Consent of Bailor

 No hirer of a thing has a right to hire out the thing bailed to him to another person except with the consent, express or implied, of the bailor. If the hirer relets to another person without the consent of the bailor, the bailor may either take immediate possession of the thing bailed or waive this right and hold the hirer bound to extraordinary care and diligence on the part of himself and the hirer from him.   (Orig. Code 1863, § 2073; Code 1868, § 2068; Code 1873, § 2094; Code 1882, § 2094; Civil Code 1895, § 2912; Civil Code 1910, § 3485; Code 1933, § 12-208.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, § 51 et seq.   C.J.S.   - 8 C.J.S., Bailments, § 36.
GA Code § 44-12-68 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-68. Consent Required for Removal of Hired Thing From State or Hazardous Use

 No hirer of things has a right to remove such things beyond the jurisdiction of this state except by consent of the bailor nor to put the thing hired to any hazardous use unless such use was specially contracted for.   (Orig. Code 1863, § 2072; Code 1868, § 2067; Code 1873, § 2093; Code 1882, § 2093; Civil Code 1895, § 2911; Civil Code 1910, § 3484; Code 1933, § 12-209; Ga. L. 1982, p. 3, § 44.)
GA Code § 44-12-69 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-69. Rights of Action of Hirer and Bailor

 For an interference with the possession of the thing hired, the right of action is in the hirer; for an injury to the property and for any interference with his property rights, the bailor has a right of action.   (Orig. Code 1863, § 2062; Code 1868, § 2065; Code 1873, § 2091; Code 1882, § 2091; Civil Code 1895, § 2909; Civil Code 1910, § 3482; Code 1933, § 12-210.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, § 205 et seq.   C.J.S.   - 8 C.J.S., Bailments, § 93 et seq.   ALR.    - Estoppel to assert title to personal chattel by permitting another to use it in his business, 7 A.L.R. 676.    Bailee's reimbursement of bailor as affecting latter's right of action against tort-feasor for damaging subject of bailment, 166 A.L.R. 206.   Bailee's liability for bailor's expense of recovering stolen subject of bailment, 80 A.L.R.3d 264.
GA Code § 44-12-70 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-70. Liability of Thing Hired to Execution and Levy; Forthcoming Bond

 When the period of the hiring does not exceed one year, the thing hired shall not be subject to sale under a judgment against the owner of the thing which was obtained subsequent to the contract of hire; but the thing may be levied on and a bond for its delivery at the expiration of the time for which it is hired may be demanded of the hirer.   (Orig. Code 1863, § 2074; Code 1868, § 2069; Code 1873, § 2095; Code 1882, § 2095; Civil Code 1895, § 2913; Civil Code 1910, § 3486; Code 1933, § 12-211.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, § 223 et seq.   ALR.    - Right of obligor in action on forthcoming bond or receipt for return of property seized under process to set up title in himself, 37 A.L.R. 1402.
GA Code § 44-12-71 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-71. Hire of Labor or Services - Standard of Care

 The hire of labor or services is the essence of every bailment in which goods are delivered to another and compensation is paid for the care, attention, or labor bestowed upon them. It includes the contracts of forwarding and commission merchants, factors, keepers of wharves, mechanics, and all agents in such transactions. In all such cases, the bailee is not only bound to exercise skill in the labor and work bestowed but it is a part of his contract that he shall exercise ordinary care and diligence in keeping and protecting the articles entrusted to him.   (Orig. Code 1863, §§ 2075, 2076; Code 1868, §§ 2070, 2071; Code 1873, §§ 2096, 2097; Code 1882, §§ 2096, 2097; Civil Code 1895, §§ 2914, 2915; Civil Code 1910, §§ 3487, 3488; Code 1933, §§ 12-407, 12-408.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, §§ 158, 179, 189.   C.J.S.   - 8 C.J.S., Bailments, §§ 46 et seq., 75.   ALR.    - Liability of bailee for loss of or injury to goods kept at a place other than that originally intended, 12 A.L.R. 1322; 17 A.L.R. 979.    Liability of a bailee of money who commingles it with his own funds, 20 A.L.R. 378.    Duty and liability of gratuitous bailee or mandatory, 96 A.L.R. 909.   Liability of owner of motor vehicle for negligence of garageman or mechanic, 8 A.L.R.4th 265.   Liability of warehouseman or other bailee for loss of goods stored at other than agreed-upon place, 76 A.L.R.4th 883.
GA Code § 44-12-72 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-72. Hire of Labor or Services - Title to Article on Which Labor Bestowed

 In cases of hire of labor or services, if the identical article, though materially changed by the labor bestowed, is to be returned, the title remains in the bailor. If the bailee furnishes a portion of the materials, the title to the entire structure is in the party furnishing the larger portion of the materials. If the bailor furnishes materials but the contract does not contemplate the use of that material specially, the title to the article constructed is in the bailee until it is delivered. If materials are furnished to the bailee for manufacture and the bailee and the bailor will each receive a share of the manufactured goods, the title remains in the bailor until the delivery to him of his portion of the manufactured goods.   (Orig. Code 1863, §§ 2077, 2078; Code 1868, §§ 2072, 2073; Code 1873, §§ 2098, 2099; Code 1882, §§ 2098, 2099; Civil Code 1895, §§ 2916, 2917; Civil Code 1910, §§ 3489, 3490; Code 1933, §§ 12-409, 12-410.)
GA Code § 44-12-73 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-73. Hire of Labor or Services - Right to Possession

 The bailee for hire of labor and services is entitled to the possession of the thing bailed during the bailment.   (Orig. Code 1863, § 2079; Code 1868, § 2074; Code 1873, § 2100; Code 1882, § 2100; Civil Code 1895, § 2918; Civil Code 1910, § 3491; Code 1933, § 12-411.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, § 57.   C.J.S.   - 8 C.J.S., Bailments, § 28 et seq.
GA Code § 44-12-74 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-74. Hire of Labor or Services - Loss or Destruction of Property; Right of Bailee to Compensation

 If the thing bailed for labor and services is destroyed without fault on the part of the bailee, the loss falls upon the bailor; and the bailee may demand compensation for the labor expended and materials used upon it.   (Orig. Code 1863, § 2080; Code 1868, § 2075; Code 1873, § 2101; Code 1882, § 2101; Civil Code 1895, § 2919; Civil Code 1910, § 3492; Code 1933, § 12-412.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, §§ 117, 189.   C.J.S.   - 8 C.J.S., Bailments, § 106.   ALR.    - Imputing negligence of bailee to bailor where subject to bailment is damaged by third person, 6 A.L.R. 316; 30 A.L.R. 1248.    Liability for loss of or damage to property delivered on trial or with privilege of return, 31 A.L.R. 1365.   Liability of pawnbroker or pledgee for theft by third person of pawned or pledged property, 68 A.L.R.2d 1259.   Liability of warehouseman for injury to stored goods as result of failure to maintain proper temperatures, 92 A.L.R.2d 1298.   Presumption and burden of proof where subject of bailment is destroyed or damaged by fire, 44 A.L.R.3d 171.   Liability of bailee of airplane for damage thereto, 44 A.L.R.3d 862.   Liability of operator of marina or boatyard for loss of or injury to pleasure boat left for storage or repair, 44 A.L.R.3d 1332.
GA Code § 44-12-75 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-75. Exercise of Discretion by Factor; Diligence

 Since peculiar confidence is reposed in a factor, he may, in the absence of instructions, exercise his discretion according to the general usages of the trade. In return, greater and more skillful diligence and the most active good faith are required of him.   (Orig. Code 1863, § 2090; Code 1868, § 2085; Code 1873, § 2111; Code 1882, § 2111; Civil Code 1895, § 2929; Civil Code 1910, § 3502; Code 1933, § 12-401.)   RESEARCH REFERENCES   ALR.    - Account stated as between principal and factor, 3 A.L.R. 293.    Right of a factor, commission merchant, or produce broker to sell property to protect advances, 40 A.L.R. 387.    Relation between customer and broker receiving bonds or other securities for sale or exchange, 52 A.L.R. 501.    Purchaser's right to protection under factor's act where transaction involves exchange of goods, 132 A.L.R. 525.   Stockyard operator's liability for injury to or death of stock, 40 A.L.R.2d 988.   Factor's liability based on delay in marketing and selling principal's goods, 3 A.L.R.3d 815.
GA Code § 44-12-76 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-76. Keeper of Livery Stable; Diligence

 The keeper of a livery stable is a depository for hire and is bound to use the same diligence as an innkeeper.   (Orig. Code 1863, § 2102; Code 1868, § 2097; Code 1873, § 2124; Code 1882, § 2124; Civil Code 1895, § 2943; Civil Code 1910, § 3515; Code 1933, § 12-402.)   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.   Stockyard operator's liability for injury to or death of stock, 40 A.L.R.2d 988.
GA Code § 44-12-77 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-77. Garage Owner; Diligence

 The relationship of the owner of an automobile and the owner of the garage in which the automobile is stored is that of bailor and bailee. The bailee is bound to use ordinary care for the safekeeping and return of the automobile.   (Code 1933, § 12-403.)   RESEARCH REFERENCES   12B Am. Jur. Pleading and Practice Forms, Garages and Filling and Parking Stations, § 3.   ALR.    - Liability of owner for storage of, or services in connection with, automobile, under authority, actual or assumed, of public officials, 36 A.L.R. 955; 50 A.L.R. 1309.    Duty and liability of garage keeper to owner of cars, 42 A.L.R. 135; 65 A.L.R. 431.    Liability of owner to indemnify garage keeper against damages to third persons, 44 A.L.R. 1183.    Validity of public regulations as to garages, 84 A.L.R. 1147.    Liability for loss of or damage to automobile 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.    Measure and elements of damages recoverable against bailee of automobile in case of loss or theft, 135 A.L.R. 1198.   Liability of garageman, service or repair station, or filling station operator for destruction or damage of motor vehicle by fire, 16 A.L.R.2d 799.   Liability of bailee for hire of automobile for loss of, or damage to, contents, 27 A.L.R.2d 796.   Liability of garageman for theft or unauthorized use of motor vehicle, 43 A.L.R.2d 403.   Liability of garageman to one ordering repair of motor vehicle, for defective work, 92 A.L.R.2d 1408; 1 A.L.R.4th 347; 23 A.L.R.4th 274.   Liability insurance of garages, motor vehicle repair shops and sales agencies, and the like, 93 A.L.R.2d 1047.   Liability of hotel, motel, or similar establishment for damage to or loss of guest's automobile left on premises, 52 A.L.R.3d 433.   Liability of owner or operator of parking lot or garage for loss of or damage to contents of parked motor vehicle, 78 A.L.R.3d 1057.   Measure and elements of damages in action against garageman based on failure to properly perform repair or service on motor vehicle, 1 A.L.R.4th 347.   Liability of owner of motor vehicle for negligence of garageman or mechanic, 8 A.L.R.4th 265.
GA Code § 44-12-78 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 2 - Hiring|§ 44-12-78. Keeper of Wharf; Liability

 One who keeps a wharf is a depository for hire and is liable upon the same principles as a warehouseman.   (Orig. Code 1863, § 2092; Code 1868, § 2087; Code 1873, § 2113; Code 1882, § 2113; Civil Code 1895, § 2931; Civil Code 1910, § 3504; Code 1933, § 12-406.)   RESEARCH REFERENCES   ALR.   - Liability of warehouseman for injury to stored goods as result of failure to maintain proper temperatures, 92 A.L.R.2d 1298.
GA Code § 44-12-90 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 3 - Deposits|§ 44-12-90. Definitions

 As used in this part, the term:    "Deposit" means the delivery of chattels by one person to another to keep for the use of the bailor.   "Depository for hire" means a depository who receives or expects a reward or hire for undertaking to keep chattels for another.   "Naked deposit" means an undertaking whereby a depository keeps chattels for another gratuitously.    (Orig. Code 1863, § 2082; Code 1868, § 2077; Code 1873, § 2103; Code 1882, § 2103; Civil Code 1895, § 2921; Civil Code 1910, § 3494; Code 1933, § 12-301.)   Cross references.   - Deposits of valuables with innkeepers, § 43-21-10 et seq.   JUDICIAL DECISIONS    Bank is "depository for hire" where customer rents safety deposit box. Buena Vista Loan & Sav. Bank v. Bickerstaff, 121 Ga. App. 470, 174 S.E.2d 219 (1970).    Hotel landlord is naked depository if one has left a valise in the office of a hotel without calling attention thereto, and a clerk, without knowing the identity of the owner, places the valise in a room where baggage is kept. Stewart & Powell v. Head, 70 Ga. 449 (1883).    Recycler of shipping pallets did not establish status as a naked depository  since it was unclear whether the recycler held the pallets gratuitously and for the benefit of the putative owner and lessor of the pallets; the recycler purchased the pallets from an entity which had no contractual relationship with the lessor, and the evidence also permitted the conclusions that the recycler claimed ownership of the pallets and that the pallets were held with an expectation of payment. CHEP USA v. Mock Pallet Co., F.3d (11th Cir. 2005)(Unpublished).    Cited in Georgia R.R. & Banking Co. v. Thompson, 86 Ga. 327, 12 S.E. 640 (1890); Merchants Nat'l Bank v. Guilmartin, 88 Ga. 797, 15 S.E. 831, 14 L.R.A. 322 (1892); White v. American Ins. Co., 53 Ga. App. 320, 185 S.E. 605 (1936); Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948); Dalton Textile Corp. v. Cooper, 82 Ga. App. 232, 60 S.E.2d 529 (1950); Brooks v. Holman, 121 Ga. App. 720, 175 S.E.2d 131 (1970); Glennville Hatchery, Inc. v. Thompson, 164 Ga. App. 819, 298 S.E.2d 512 (1982).   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, §§ 3 et seq., 54 et seq.   C.J.S.   - 26B C.J.S., Depositaries, § 1 et seq.   ALR.    - Acceptance of receptacle as charging one as bailee of contents, 18 A.L.R. 87.   Liability of hotel, motel, or similar establishment for damage to or loss of guest's automobile left on premises, 52 A.L.R.3d 433.
GA Code § 44-12-91 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 3 - Bailments|Part 3 - Deposits|§ 44-12-91. Voluntary or Involuntary Depositories; Liability for Naked Deposit

 A person may voluntarily undertake to be a depository or may become so involuntarily, as by finding chattels. For a naked deposit, the depository is responsible only for gross negligence.   (Orig. Code 1863, § 2083; Code 1868, § 2078; Code 1873, § 2104; Code 1882, § 2104; Civil Code 1895, § 2922; Civil Code 1910, § 3495; Code 1933, 12-302.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, §§ 8, 164, 165 et seq.   C.J.S.   - 26B C.J.S., Depositaries, § 4 et seq.   ALR.    - Liability of a bailee of money who commingles it with his own funds, 20 A.L.R. 378.    Duty and liability of one in possession of real property in respect of personal property which he finds thereon belonging to another, 131 A.L.R. 165.   Liability of hotel, motel, or similar establishment for damage to or loss of guest's automobile left on premises, 52 A.L.R.3d 433.   Presumption of payment as applicable to bank deposit, 69 A.L.R.3d 1311.   Liability of warehouseman or other bailee for loss of goods stored at other than agreed-upon place, 76 A.L.R.4th 883.