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2020 Georgia Code
Title 44 - Property
Chapter 12 - Rights in Personalty
Article 3 - Bailments
Part 2 - Hiring
§ 44-12-63. Obligations of Bailor

Universal Citation:
GA Code § 44-12-63 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

The obligations of the bailor of things are:

  1. To do no act to deprive the hirer of the use and enjoyment of the chattel during the period of the bailment;
  2. To keep the thing in suitable order and repair for the purposes of the bailment; and
  3. To warrant the right of possession and that the thing bailed is free from any secret fault rendering it unfit for the purposes for which it is hired.

(Orig. Code 1863, § 2059; Code 1868, § 2062; Code 1873, § 2088; Code 1882, § 2088; Civil Code 1895, § 2906; Civil Code 1910, § 3479; Code 1933, § 12-204.)

Cross references.

- Liability of motor vehicle owner for traffic or parking violations occurring while motor vehicle leased to another, § 40-6-207.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bailments, § 100 et seq.

C.J.S.

- 8 C.J.S., Bailments, §§ 31, 33, 37 et seq.

ALR.

- Recovery back of amount paid to bailee for repairs of no benefit to bailor, 31 A.L.R. 698.

Liability of bailor for personal injuries due to defects in subject of bailment, 61 A.L.R. 1336; 131 A.L.R. 845.

Construction and application of provision of bailment or lease contract relating to cost of repairs or replacements, or damage to chattle, 129 A.L.R. 460.

Liability of bailor for personal injuries or death due to defects in subject of bailment, 131 A.L.R. 845.

Liability for loss of or damage to automobile left in parking lot or garage, 7 A.L.R.3d 927; 13 A.L.R.4th 362; 13 A.L.R.4th 442.

Tort liability of one renting or loaning airplane to another, 4 A.L.R.2d 1306.

Liability of bailor of automotive vehicle or machine for personal injury or death due to defects therein, 46 A.L.R.2d 404.

Warranties in connection with leasing or hiring of chattels, 68 A.L.R.2d 850.

Liability of pawnbroker or pledgee for theft by third person of pawned or pledged property, 68 A.L.R.2d 1259.

Application of warranty provisions of Uniform Commercial Code to bailments, 48 A.L.R.3d 668.

Products liability: application of strict liability is tort doctrine to lessor of personal property, 52 A.L.R.3d 121.

Liability of owner or bailor of horse for injury by horse to hirer or bailee thereof, 6 A.L.R.4th 358.

Liability in negligence for death or injury related to rented bicycle, scooter, or segway, 48 A.L.R.7th Art. 3.

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