[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 65

65.(1) In this Act

"action", "buyer" (except in relation to a conditional sale agreement or in
Part VI), "delivery", "goods" (except in Part V), "property", "sale", "seller"
(except in relation to a conditional sale agreement or in Part VI) and
"warranty" have the meanings assigned to them respectively by [the Sale of
Goods Act 1979];

"appropriate trade premises", in relation to a document, means premises at
which either the owner or seller (as defined by section 11(5)) normally
carries on a business, or goods of the description to which the document
relates, or goods of a similar description, are normally offered or exposed
for sale in the course of a business carried on at those premises;

"buyer" (except in Part VI), in relation to a conditional sale agreement,
means the person who agrees to purchase goods under the agreement and includes
a person to whom the rights or liabilities of that person under the agreement
have passed by assignement or by operation of law;

"conditional sale agreement", "credit-sale agreement" and "hire-purchase
agreement" have the meanings assigned to them by Part I;

"contract of guarantee", in relation to a hire-purchase agreement,
credit-sale agreement or conditional sale agreement, means a contract, made at
the request (express or implied) of the hirer or buyer, either to guarantee
the performance of the hirer's or buyer's obligations under the
hire-purchase agreement, credit-sale agreement or conditional sale agreement,
or to indemnify the owner or seller against any loss which he may incur in
respect of that agreement, and "guarantor" shall be construed accordingly;

["enforcement order" means an order for the delivery of goods made pursuant to
[Article 57 of the Judgments Enforcement (Northern Ireland) Order 1981] for
the purposes of enforcing an order made under this Act for the specific
delivery of goods;]

"hire-purchase price" (subject to subsection (2)) means the total sum payable
by the hirer under a hire-purchase agreement in order to complete the purchase
of goods to which the agreement relates, exclusive of any sum payable as a
penalty or as compensation or damages for a breach of the agreement;

"hirer" (except in Part VI) means the person who takes or has taken goods from
an owner under a hire-purchase agreement and includes a person to whom the
hirer's rights or liabilities under the agreement have passed by assignment or
by operation of law;

"the Ministry" means the Ministry of Commerce;

"notice of cancellation" has the meaning assigned to it by section 11(2);

"owner" means the person who lets or has let goods to a hirer under a
hire-purchase agreement and includes a person to whom the owner's property in
the goods or any of the owner's rights or liabilities under the agreement has
passed by assignment or by operation of law;

"rules of court" means rules made by the authority having power to make
rules of court regulating the practice of the county courts or, as the case
may require, rules made under section 7 of the Northern Ireland Act 1962;

"seller", in relation to a conditional sale agreement, means the person who
agrees to sell goods under the agreement and includes a person (other than the
buyer) to whom that person's property in the goods or any of that person's
rights or liabilities under the agreement has passed by assignment or by
operation of law;

"total purchase price" (subject to subsection (2)) means the total sum payable
by the buyer under a credit-sale agreement or a conditional sale agreement,
exclusive of any sum payable as a penalty or as compensation or damages for a
breach of the agreement.

(2) For the purposes of this Act, any sum payable by the hirer under a
hire-purchase agreement, or by the buyer under a conditional sale agreement,
by way of a deposit or other initial payment, or credited or to be credited to
him under the agreement on account of any such deposit or payment, whether
that sum is to be or has been paid to the owner or seller or to any other
person or is to be or has been discharged by a payment of money or by the
transfer or delivery of goods or by any other means, shall form part of the
hire-purchase price or total purchase price, as the case may be.

(3) In this Act "antecedent negotiations", in relation to a
hire-purchase agreement, credit-sale agreement or conditional sale agreement,
means any negotiations or arrangements with the hirer or buyer whereby he was
induced to make the agreement or which otherwise promoted the transaction to
which the agreement relates; and any reference in this Act to the person by
whom any antecedent negotiations were conducted is a reference to the person
by whom the negotiations or arrangements in question were conducted or made in
the course of a business carried on by him.

(4) Subsection (3)

(a)shall have effect in relation to a document to which section 11 applies,
but which does not constitute a hire-purchase agreement, a
credit-sale agreement or a conditional sale agreement, as if references to the
agreement and to making the agreement were references respectively to the
document and to signing the document and any reference to the hirer or buyer
were a reference to the prospective hirer or buyer (within the meaning of that
section), and

(b)for the purposes of section 31(1), shall have effect in relation to any
offer to enter into a hire-purchase agreement, credit-sale agreement or
conditional sale agreement as if any reference to the agreement were a
reference to the offer and any reference to the hirer or buyer were a
reference to the person making the offer.

(5) For the purposes of this Act any negotiations conducted, or arrangements
or representations made, by a servant or agent, if conducted or made by him in
the course of his employment or agency, shall be treated as conducted or made
by his employer or principal; and anything received by a servant or agent, if
received by him in the course of his employment or agency, shall be treated as
received by his employer or principal.

In this subsection "representations" has the same meaning as in section 16,
and references to making representations shall be construed accordingly.

(6) Without prejudice to the operation of section 1(2), any reference in
this Act to a document which constitutes a hire-purchase agreement,
credit-sale agreement or conditional sale agreement shall be construed as
including a reference to a document which together with one or more other
documents constitutes such an agreement, and any reference to a document
which, if executed by or on behalf of another person, would constitute such an
agreement shall be construed accordingly.

© 1966 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/hai1966300/s65.html