Page:Halsbury Laws of England v1 1907.pdf/924

 Index.

BAILMENT —contmued. by hirer to take possession on default under hire purchase agreement ' incapable of assignment, 556 lien of bailee in " hire of custody," 547, 548 costs of defending, 547 excessive demand by bailee, effect of, on, 548 general, persons possessing, 547 loss of, 548 no charge for keep of chattel to enforce, 548 no lien generally for mere custody, 547, 548 particular, 548 right of sale not implied by, 549 special contract for, construction of, 547, 548 waiver of, 548 lien of third party, against owner of chattel sent by hirer for repair, 553 workman (in hire of work and labour;, 561, 562 exclusion of, 561 loss of, 562 privity of contract not essential to, 561 limitations, statute of, runs from bailor's demand for return of chattel, 541, 565 licence

See hire of chattels. locatio conductio, definition of, 525. See hire of custody. locatio custodice. See hire of work and labour, locatio 0peris fa ciendi. loss of chattel, borrower not released by, in niutuum, 541 liability of workman for, 560 luggage, railway companies' liability for, 549 mandatary, obligations of, 536, 537

damage through misuse, 536, 537 return of chattel unless lost without default, 537 profits, 536

liability for

—

mandate, 535 537 ambiguous contract, 535 consideration, 535 delegation, 537 impossible contract, 535 obligations of mandatary.

.

See mandatary, obligations mandator, 537 material, hirer's liability to pay for, 557 where work unfinished, 557, 558 measure of damages for breach of duty by workman, 560

of.

negligence of bailee in " hire of custody," 546 in bailee's action against third party, 564 mistake, deposit by, 527 mistake of fact, payment under, 542 misuse of chattel by borrower in gratuitous loan for mandatary, liability for, 536, 537 mortgage of chattels, 554

mutuum,

use, effect of,

540

540, 541

enhancement of value, effect of, 541 obligations of borrower, 541 nature of chattel, measure of dihgence required modified by, in deposit, 532 gratuitous loan for use, 538

necessary deposit, 527 negligence, liability of bailor or bailee to third parties, 564 hirer,

553

workman, 560 nominee, delivery to bailor's, equivalent to delivery to bailor, 526, 527 novation, effect of, on right of assignee of contract for hire of work 560, 561

establishment of, in case of sub-contract, 560, 561 546 obligations of bailee in hire of custody, 544 acts of servants or agents, generally, 545 care and diligence, as to, 544, 545

—

commencement of, 543 damage or loss, onus of

proof of cause

in case of, 545, 546 inherent defect in chattel,

of,

545

fire,

do not extend

to,

544

bailor, effect of, on, 544 unauthorised dealing with chattel, in case of,

payment by

(

54

)

544

and labour,