HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 15 Further consequences of notice of cancellation.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 15

Further consequences of notice of cancellation.

15.(1) The provisions of this section shall have effect where a
notice of cancellation is served, and, in pursuance of any
antecedent negotiations conducted by him, a person (in this section referred
to as "the dealer") has agreed to take goods in part-exchange and those goods
have been delivered to the dealer.

(2) Unless, before the end of the period of ten days beginning with and
including the date of service of the notice of cancellation, the goods in
question are delivered to the prospective hirer or buyer, and are then in a
condition which is substantially as good as when they were delivered to
the dealer, the prospective hirer or buyer shall be entitled to recover from
the dealer a sum equal to the part-exchange allowance.

(3) During the period of ten days referred to in subsection (2) the
prospective hirer or buyer, if he is in possession of the goods to which the
relevant document relates, shall be entitled to retain possession of them
until either

(a)the goods agreed to be taken in part-exchange are delivered to him in such
a condition as is mentioned in that subsection, or

(b)a sum equal to the part-exchange allowance is paid to him; and if,
immediately before the end of that period, he continues by virtue of this
subsection to be entitled to retain possession of the goods to which the
relevant document relates, he shall have a lien on those goods for any sum
which he is entitled to recover by virtue of subsection (2).

(4) Any sum recoverable under subsection (2) shall be recoverable as a simple
contract debt in any court of competent jurisdiction.

(5) Where the prospective hirer or buyer recovers from the dealer a sum equal
to the part-exchange allowance, then, if the title of the prospective hirer or
buyer to the goods agreed to be taken in part-exchange has not vested in
the dealer, that title shall so vest on the recovery of that sum.

(6) For the purposes of this section

(a)the dealer shall be taken to have agreed to take goods in part-exchange if,
in pursuance of the antecedent negotiations, he has either purchased or agreed
to purchase those goods or has accepted or agreed to accept them as part of
the consideration for the transaction to which the relevant document relates,
and

(b)the part-exchange allowance shall be taken to be the sum which, in the
antecedent negotiations, was agreed to be allowed in respect of the goods
referred to in paragraph (a), or, if no such sum was agreed, the part-exchange
allowance shall be taken to be such sum as in all the circumstances it would
have been reasonable to allow in respect of those goods if no
notice of cancellation had been served.

Effect of notice of cancellation where goods given in part-exchange.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/hai1966300/s15.html

Northern Irish Legislation

HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 15