|
|
Implied terms as to title.
|
74.—(1) In every hire-purchase agreement, other than one to which subsection (2) applies, there shall be—
|
|
| |
(a) an implied condition on the part of the owner that he will have a right to sell the goods at the time when the property is to pass, and
|
|
| |
(b) an implied warranty that the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed to the hirer before the agreement is made and that the hirer shall have and enjoy quiet possession of the goods except so far as it may be disturbed by any person entitled to the benefit of any charge or encumbrance so disclosed.
|
|
| |
(2) In a hire-purchase agreement, in the case of which there appears from the agreement or is to be inferred from the circumstances of the agreement an intention that the owner should transfer only such title as he or a third person may have, there shall be—
|
|
| |
(a) an implied warranty that all charges or encumbrances known to the owner have been disclosed to the hirer before the agreement is made, and
|
|
| |
(b) an implied warranty that neither—
|
|
| |
(i) the owner, nor
|
|
| |
(ii) in a case where the parties to the agreement intend that any title which may be transferred shall be only such title as a third person may have, that person, nor
|
|
| |
(iii) anyone claiming through or under the owner or that third person otherwise than under a charge or encumbrance disclosed to the hirer before the agreement is made,
|
|
| |
will disturb the hirer's quiet possession of the goods.
|
|
| |
(3) Nothing in this section shall prejudice the operation of any other enactment or rule of law whereby any condition or warranty is to be implied by a hire-purchase agreement.
|
