CHAPTER III. 



HIRING AND LOAN. 



Nature of the Contract, 67. Lessor must supply a fit Horse, and Warrant 

 the Use of it, 68-69. Obligations of the Lessee, 70. Use of Horse by 

 Agreement, 71. Use Implied in the Contract, 72. Eeasonable Care 

 of Hired Horse, 73. Restoration to Owner, and Ojius of Proof of 

 Injury, 74-75. Loan, 76-78. 



67. Nature of the Contract. — The contract of liiring so 

 closely resembles that of sale that it may be said to be " the 

 sale of the use and benefit of the thing " hired. It is com- 

 pleted by consent alone, and when the parties have agreed 

 regarding the horse, the sum to be paid, the use, and the time 

 or particular journey, the contract is perfect ; and, to entitle 

 either lessor or lessee to enforce his rights, neither delivery 

 nor payment is necessary. (a) The distinction between this con- 

 tract and sale is, that in hiring the risk and the property of 

 the horse do not pass, whereas they do in sale ; and the loss 

 falls on the owner of the horse, unless when caused by fault 

 or negligence on the part of the lessee. (6) Under a contract 

 of horse-hiring, reciprocal obligations arise between the lessor 

 and the lessee, (c) These are — to deliver the horse, to pay 

 the hire, and to return the horse when the period for which 

 it is hired has expired, or when the occasion is past, (d) The 

 contract may be proved by writing or parole ; but if writing 

 exists the terms of it are not alterable by parole evidence, (e) 



(a) Ersk. Hi. 3, 14 ; Stair, i. 15 ; B.C. i. 4S1. 



(b) See § 74. 



(c) As to two parties hiring jointly ; and hiring of horse, and driver to drive 

 owner's carriage, see § 155. 



(d) B. Pr. § 135. 



(c) Dickson on Evidence, 1015 et scq. ; Pollocl v. M'Andrcw, 1828, 7 S. 189. 



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