Hire Purchase
Hire Purchase Agreement
includes a letting of goods with an option to purchase and an agreement for the purchase by installment
Formation
Section 4(1) (a) & (b) (i) (ii)
Section 4(2)
LAW416
The Hire Purchase Act 1967
if parties have agreed to bound by the provision of Act
case: Kesang Leasing Sdn Bhd v Mohd Yusof
Content of hire purchase agreement
Section 4C (1) (a) of Hire Purchase Act
Every hire purchase agreement shall specify
Section 4C (1) (c) of Hire Purchase Act
Every hote purchase agreement shall set out in a tabular form
Section 4C (2)
Agreement which does not comply with this requirement is void
Section 4C (3)
Owner enters into agreement without station the contents, guilty of an offence under Section 46
Alteration Of Hire Purchase Agreement
Section 39
Deposit
Section 31(1)
Effect of breach
breach of condition
breach of warranty
Statutory rights of Hirer
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Terminologies
Section 2 of Hire Purchase Act
Owner
Hirer
Dealer
Price
The total sum payable in order to complete the purchase of goods
Hire purchase price
Deposit
Monthly installment
Monthly interest
Required of Hire Purchase Agreement
Section 4A Hire Purchase Act
agreement be in writting
Section 4A (1)
agreement be in writting
Section 4A (2)
Failure to do will render the agreement as void
Section 4 (3)
owner willl be guilty of an offence under Section 46
Section 4B Hire Purchase Act
agreement to be signed
Section 4B (1)
agreement should be signed by or onbehalf of all parties
Section 4B (2)
signed all the forms,doc or agreement have been fully completed
dealer cannot insist on hirer to sign incomplete hire agreement
Section 4B (3)
agreement not signed or signed without completed , the agreement shall be void
Section 4B (4)
dealer who fails to sign/sign an incomplete shall be guilty under section 46
Separate Agreement of Every Item of Goods
Section 4D (1)
Section 4D (2)
Copy of Documents to be Served
Section 5(1)
Section 5(4)
Implied condition and warranties in hire purchase agreement
Section 7 (1) (a)
Section 7 (1) (b)
Section 7 (1) (c)
Section 7 (2)
Liability of Owner And Dealer For Misrepresentation
Section 8 (1)
Guarantor
a person who guarantees to the owner that the hirer would perform his obligations and agreements undertakes to repay the hirer debt to the owner should the hirer fail to pay debt by the due date
the right of guarantor v hirer
Section 24(1)
Section 24(2)
the right of guarantor v owner
Section 23(1)
Section 23 (2)