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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 40

Further powers of court in relation to postponed order.

40.(1) If, before the hearing of an action to which section 35 applies, the
owner has recovered possession of a part of the goods, any reference in
section 35(4) to all the goods shall be construed as a reference to all the
goods of which the owner has not recovered possession.

(2) If, in any case falling within subsection (1), the parties have not agreed
upon an adjustment of the hire-purchase price in respect of the goods
recovered by the owner, the court may, for the purposes of
the relevant provisions, make such reduction of the unpaid balance of the
hire-purchase price as the court thinks just.

(3) Where the owner has brought an action to which section 35 applies, and
damages have been awarded against him in the proceedings, the court may treat
the hirer as having paid in respect of the hire-purchase price (in addition to
the actual amount paid) the amount of the damages, or such part of them as the
court thinks fit; and thereupon those damages shall accordingly be remitted,
either in whole or in part.

(4) Where the agreement validly provides for the payment by the hirer, on or
after the termination of the agreement or bailment, of such sum as, when added
to the sums paid and the sums due in respect of the hire-purchase price before
the termination, is equal to a fixed amount, and

(a)the hirer or a guarantor has paid or has been ordered to pay such a sum,
and

(b)the owner subsequently seeks to recover possession of the goods in an
action to which section 35 applies,

(5) In subsection (2) of this section "the relevant provisions", in relation
to an action, means such of the following provisions of this Act, that is to
say, sections 35(4)(b), 37(1), 38 and 39(4), as are applicable to the action.

Supplementary provisions relating to ss.35 to 39.

© 1966 Crown Copyright

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