Abbildungen der Seite
PDF
EPUB

presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hir. ing at a monthly rate of rent is presumed to be for one month. In the absence of any agreement respecting the length of time or the rent, the hiring is presumed to be monthly. En. March 21, 1872.

§ 1945. Renewal of lease by lessee's continued possession. If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time not exceeding one month when the rent is payable monthly, nor in any case one year. En. March 21, 1872.

Cal.Rep.Cit. 86, 440; 123, 591; 124, 248.

§ 1946. Notice to quit. A hiring of real property, for a term not specified by the parties is deemed to be renewed as stated in the last section, at the end of the term implied by law, unless one of the parties gives notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month. En. March 21, 1872.

Cal.Rep.Cit. 86, 439; 124, 248.
Termination of estates at will: See ante, secs. 789 et seq.

8 1947. Rent, when payable. When there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not exceed one year. If the holding is by the day, week, month, quarter, or year, rent is payable at the termination of the respective periods, as it successively becomes due. En. March 21, 1872.

8 1948. Attornment of a tenant to a stranger. The at: tornment of a tenant to a stranger is void, unless it is made with the consent of the landlord, or in consequence of a judgment of a court of competent jurisdiction. En. March 21, 1872.

Grants of rents or reversions: See ante, sec. 1111.

Rights of lessor and lessee, on transfer of realty: See ante, secs. 821 et seq. 1949. Tenant must deliver notice served on him.

nant who receives notice of any proceeding to recover the real property occupied by him, or the possession thereof, must immediately inform his landlord of the same, and also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages which he may sustain by reason of any omission to inform him of the notice, or to deliver it to him (if] in writing. En. March 21, 1872. Am'd. 1873-4, 246.

$ 1950. Letting parts of rooms forbidden. One who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary; and if a landlord lets a room as a dwelling for more than one family, the person to whom he first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant in the building, under the same landlord, is relieved from all obligation to pay rent to him while such double letting of any room continues. En. March 21, 1872.

Cubic air law: See post, Appendix, title Lodging-houses.

CHAPTER III.

HIRING OF PERSONAL PROPERTY. $ 1955. Obligations of letter of personal property. $ 1956. Ordinary «xpenses. $ 1957. Extraordis ary expenses. $ 1958. Return of thing hired. $ 1959. Charter-perty, what.

$ 1955. Obligations of letter of personal property. One who lets personal property must deliver it to the hirer, secure his quiet enjoyment thereof against all lawful claimants, put it into a condition fit for the purpose for which he lets it, and repair all deteriorations thereof not occasioned by the fault of the hirer and not the natural result of its use. En. March 21, 1872.

Quiet enjoyment: See ante, sec. 1927.

$ 1956. Ordinary expenses. A hirer of personal property must bear all such expenses concerning it as might naturally be foreseen to attend it during its use by him. All other expenses must be borne by the letter. En. March 21, 1872.

8 1957. ' Extraordinary expenses. If a letter fails to ful. fill his obligations, as prescribed by section 1955, the hirer, after giving him notice to do so, if such notice can conveniently be given, may expend any reasonable amount necessary to make good the letter's default, and may recover such amount from him. En. March 21, 1872.

Cal.Rep.Cit. 106, 680.

$ 1958. Return of thing hired. At the expiration of the term for which personal property is hired, the hirer must return it to the letter at the place contemplated by the parties at the time of hiring; or, if no particular place was so contemplated by them, at the place at which it was at that time. En. March 21, 1872.

8 1959. Charter-party, what. The contract by which a ship is let is termed a charter-party. By it the owner may either let the capacity or burden of the ship, continuing the employment of the owner's master, crew, and equipments, or may surrender the entire ship to the charterer, who then provides them himself. The master or a part owner may be a charterer. En. March 21, 1872.

See ante, sec. 965.

TITLE VI.

SERVICE
Chapter I. Service with Employment, $8 1965-2003.

II. Particular Employments, $8 2009-2072.
III. Service without Employment, $8 2078-2079.

CHAPTER I.

Article 1.

II.
III.
IV.

SERVICE WITH EMPLOYMENT.
Definition of Employment, $ 1965.
Obligations of the Employer, $8 1969-1971.
Obligations of the Employee, ss 1975-1992.
Termination of Employment, $$ 1996-2003.

ARTICLE I.

DEFINITION OF EMPLOYMENT.

$ 1965. Employment, what. 8 1965. Employment, what. The contract of employment is a contract by which one, who is called the em. ployer, engages another, who is called the employee, to do something for the benefit of the employer, or of a third person. En. March 21, 1872.

Cal. Rep.Cit. 55, 274; 80, 558; 124, 98.

ARTICLE II.

OBLIGATIONS OF THE EMPLOYER. $ 1969. When employer must indemnify employee. $ 1970. When not. § 1971. Employer to indemnify for his own negligence.

$ 1969. When employer must indemnify employee. An employer must indemnify his employee except as prescribed in the next section, for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful. En. March 21, 1872.

Cal.Rep.Cit. 68, 173.

$ 1970. When not. An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee. En. March 21, 1872. Am'd. 1903, 256. Cal.Rep.Cit. 51, 117; 51, 257; 53,

36:
57,

57, 31 : 66, 304 ; 68, 173; 68, 175; 70, 394 ; 73, 28; 79,

99 88, 367; 88, 368; 88, 371; 92, 392; 96, 273; 96, 498 98, 21; 98,

98, 26; 100, 564; 100, 567; 103, 264; 108, 132; 113, 601; 126, 64; 126, 65; 128, 53. § 1971. Employer to indemnify for his own negligence. An employer must in all cases indemnify his employee for losses caused by the former's want of ordinary care. En. March 21, 1872.

Cal.Rep.Cit. 67, 609; 90, 499; 91, 58; 108, 133; 125, 635.

29;

22;

ARTICLE III.

§ 1975. § 1976. $ 1977.

1978. § 1979. § 1980. $ 1981. § 1982. § 1983. $ 1984. § 1985. § 1986. § 1987. § 1988. § 1989. $ 1990. § 1991. § 1992

OBLIGATIONS OF THE EMPLOYEE.
Duties of gratuitous employee.
Same,
Same.
Duties of employee for reward.
Duties of employee for his own benefit.
Contracts for service limited to two years.
Employee must obey employer.
Employee to conform to usage.
Degree of skill required.
Must use what skill he has.
What belongs to employer.
Duty to account.
Employee not bound to deliver without demand.
Preference to be given to employers.
Responsibility of employee or substitute.
Responsibility for negligence.
Surviving employee.
Confidential employment.

$ 1975. Duties of gratuitous employee. One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he must use at least slight care and diligence therein. En. March 21, 1872.

Service without employment: See post, sec. 2078.
Obligations of gratuitous carrier: Sec. 2089.

$ 1976. Same. One who, by his own special request, induces another to intrust him with the performance of a service, must perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time. En. March 21, 1872.

Compare with sec. 1888.

8 1977. Same. A gratuitous employee, who accepts a written power of attorney, must act under it so long as it remains in force, or until he gives notice to his employer that he will not do so. En. March 21, 1872.

$ 1978. Duties of employee for reward. One who, for a good consideration, agrees to serve another, must perform the service, and must use ordinary care and diligence therein, so long as he is thus employed. En. March 21,

Cal.Kep.Cit. 113, 104.

« ZurückWeiter »