Legal Definitions - locatum

The term locatum is a historical legal concept that refers to a type of contract involving a "hiring." In essence, it describes a situation where one party provides personal property or services related to personal property to another party in exchange for payment or other consideration.

This concept is closely related to bailment, which involves the temporary transfer of possession of personal property from one person (the bailor) to another (the bailee) for a specific purpose. A locatum specifically refers to a bailment where there is compensation involved, typically for the use of the property or for work performed on it.

• Example 1: Hiring a Horse and Carriage

  Imagine a scenario in the 19th century where a traveler pays a livery stable owner to use a horse and carriage for a day trip to a neighboring town.

  This arrangement would be considered a locatum. The traveler is "hiring" the horse and carriage (personal property) from the stable owner for a fee, for a specific period, and for a particular purpose (travel). The stable owner temporarily transfers possession of the horse and carriage in exchange for payment, illustrating the core idea of a paid hiring of property.

• Example 2: Hiring a Craftsman for Custom Work

  Consider a customer who brings a bolt of expensive fabric to a tailor and pays the tailor a fee to fashion it into a custom suit.

  Here, the customer is "hiring" the tailor's skill and labor to work on their personal property (the fabric). The tailor receives compensation for the service of transforming the fabric into a suit. This falls under the historical concept of locatum because it involves a paid service performed on goods belonging to another, where the goods are temporarily in the possession of the craftsman.

• Example 3: Hiring Storage Space for Goods

  A merchant pays a warehouse owner a monthly fee to store several crates of valuable merchandise in the warehouse for safekeeping.

  This is another instance of locatum. The merchant is "hiring" the use of the warehouse space (which facilitates the safekeeping of their personal property, the merchandise) from the warehouse owner for a fee. The warehouse owner temporarily takes possession of the goods for storage, providing a service in exchange for payment, thereby illustrating a hiring arrangement for the benefit and protection of personal property.