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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 28

Right to terminate agreement.

28.(1) Where the hirer under a hire-purchase agreement, or the buyer under a
conditional sale agreement, terminates the agreement by virtue of section 27,
then, subject to the following provisions of this section, and without
prejudice to any liability which has accrued before the termination, he shall
be liable

(a)in the case of a hire-purchase agreement, to pay the amount, if any, by
which one-half of the hire-purchase price exceeds the total of the sums paid
and the sums due in respect of the hire-purchase price immediately before the
termination, or

(b)in the case of a conditional sale agreement, to pay the amount, if any, by
which one-half of the total purchase price exceeds the total of the sums paid
and the sums due in respect of the total purchase price immediately before the
termination,

(2) If in any action the court is satisfied that a sum less than the amount
specified in paragraph (a) or paragraph (b) of subsection (1) (as the case may
be) would be equal to the loss sustained by the owner or seller in consequence
of the termination of the agreement by the hirer or buyer, the court may make
an order for the payment of that sum in lieu of that amount.

(3) Where a hire-purchase agreement or conditional sale agreement has been
terminated under section 27, the hirer or buyer, if he has failed to take
reasonable care of the goods, shall be liable to pay damages for the failure.

(4) Where a hirer or buyer, having terminated a hire-purchase agreement or
conditional sale agreement under section 27, wrongfully retains possession of
the goods, then, in any action brought by the owner or seller to recover
possession of the goods from the hirer or buyer, the court, unless it is
satisfied that having regard to the circumstances it would not be just and
equitable to do so, shall order the goods to be delivered to the owner or
seller without giving the hirer or buyer an option to pay the value of the
goods.

(5) This section shall have effect subject to the provisions of section 55.

Liability of hirer or buyer giving notice of termination.

© 1966 Crown Copyright

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