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Hire Purchase

In: Business and Management

Submitted By lindajamil
Words 683
Pages 3
The issue is whether Luna wants to know the protection available for hirers and guarantors of a hire purchase agreement and she also want to know her rights if there is any misrepresentation made by owner or dealer in negotiations leading to the hire purchase agreement. Part III of Hire Purchase Act lays down various warranties and conditions which seek to protect hirers and guarantors. The basic difference between a breach of warranty and breach of condition are breach of conditions is a serious breach and it goes to the root of the contract, thus entitling the party not in breach to repudiate the contract and sue for damages. Breach of warranties is less serious breach which does not entitled the party not in breach to repudiate the contract bit to sue for damages only. Owner shall have good title to pass. The owner shall have the right to sell the goods at the time when the property is to pass. Second, merchantable quality in Section 7 (2) of HPA is there is an implied condition that the goods are of merchantable quality except if falls under the following situations which are where the hirer has examined the goods or a sample as regards to defects which examination bought to have revealed or if the goods are second hand goods and the agreement contains a statement to the effect that the goods are second hand and all conditions and warranties as to quality are expressly negative and the owner proves that the hirer has acknowledge in writing that the statement was bought to his notice. Third, is fitness for purpose. Section 7(3) of HPA states that where the hirer makes known to the owner the particular purpose for which the goods are required, the goods must be reasonably fit for that purpose except in the followings which are if the goods are second hand, and all conditions and warranties of fitness and owner proves that the hirer has acknowledge in writing…...

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