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LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1939 - SECT 1

1.(1) Where, in the case of the bailment of any goods, whether before or after
the commencement of this Act, an obligation is imposed on the bailor or bailee
by the provisions (whether express or implied) of any contract or by any
enactment, rule of law or custom

(a)to insure against loss of or damage to the goods;

(b)to repair damage to the goods;

(c)to replace the goods in the event of loss;

(d)to restore the goods or deliver them up in good repair, notwithstanding
such loss or damage;

(e)to continue to pay for the hire of the goods, notwithstanding such loss or
damage; or

(f)to pay damages or compensation for any loss of or damage to the goods;

(2) Nothing in this section shall relieve a bailee of any liability for loss
of or damage to any goods occurring while the goods are being kept or
transported in a manner or at a place which is contrary to the terms of any
contract relating to the custody or transport thereof, unless the bailee
satisfies the court, in any proceedings brought to enforce any such liability,
that he had reasonable grounds for believing that the goods were less likely
to be lost or damaged by war while being kept or transported in that manner or
at that place than while being kept or transported in accordance with the
terms of the contract.

(3) Nothing in this section shall relieve a bailor or bailee of any liability
imposed by any contract if the liability is expressly related to war by the
terms of the contract:

Provided that this sub-section shall not apply to any liability imposed on a
bailee by

[(a)a hire-purchase agreement under which the hire-purchase price does not
exceed the sum of one hundred pounds; or

(b)a hiring agreement under which the rate of hire does not exceed the rate of
twenty pounds per annum.]

[(a)a hire-purchase agreement or a conditional sale agreement within the
meaning of the Consumer Credit Act 1974 being a consumer credit agreement as
defined by that Act; or

(b)a consumer hire agreement within the meaning of that Act.]

© 1939 Crown Copyright

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