NATURE AND FORMATION OF HIRE - PURCHASE AGREEMENT Flashcards
FORMATION/ FORMALITIES OF HIRE PURCHASE AGREEMENT (THE REGULATION)
- GIVING NOTICES OF THE SECOND SCHEDULE B4 ENTERING THE HIRE- PURCHASE AGREEMENT
- THE AGREEMENT MUST BE IN WRITING
- THE AGREEMENT MUST BE SIGNED
- MUST HAVE THE FULL CONTENTS OF THE HIRE- PURCHASE AGREEMENT
- SEPERATE THE AGREEMENT FOR EVERY ITEM OF GOODS
- MOTOR VEHICLE REGISTRATION CERTIFICATE
- NO ALTERATION OR MODIFICATION ON THE GOODS
- DECLARATION ON SECOND-HAND MOTOR VEHICLE
- COPY OF THE AGREEMENT MUST BE SERVED ON THE HIRER
WHAT WILL HAPPENED TO THE OWNER IF HE DOESNT COMPLY WITH THE FORMALITY IN HIRE PURCHASE AGREEMENT?
THE OWNER/ DEALER WILL BE FACING UILTY FOR AN OFFENCE UNDER THE HPA 1967 AND THE PENALTY THAT IS UNDER S.46(1)
THE CONTENTS OF HIRE- PURCHASE AGREEMENT ARE
- DATE OF THE AGREEMENT
- NUMBER OF INSTALLMENT TP BE PAID
- AMOUNTS OF EACH installment, TO WHOM WHERE HAVE TO PAID
- TIME FOR THE PAYMENT
- DESCRIPTION FOR THE GOODS
- THE ADRESS WGERE THE GOODS ARE PLACED
WHAT DOES IT MEAN BY SEPARATING AN AGREEMENT FOR EVERY ITEM OF GOODS
If there is more than 1 item of goods being tired at one time from the same owner, there must be a separate hire purchase agreement for every item of goods.
MEANING BY HAVING A MOTOR VEHICLES CERTIFICATE
THE HIRER MAY REQUEST IN WRITING OR HAVING THE REGISTRATION CERTIFICATE OF THE MOTOR VEHICLE
MEANING OF DECLARATION ON SECOND-HAND MOTOR VEHICLE
IF THE AGREEMENT IS COMPRISE WITH SECOND-HAND MOTOR VEHICLE, THE OWNER SHOULD STATE IN THE WRITING OF THE AGREEMENT TO THE HIRER IN THE FIRST PLACE IF THERE are ANY DEFECTS
HOW MANY DAYS FOR THE OWNER TO PREPARE A COPY OF AN AGREEMENT TO GIVE TO THE HIRER?
WITHIN 21 DAYS
HOW MANY DAYS FOR THE OWNER TO PREPARE A COPY OF AN INSURANCE PAYMENT TO GIVE TO THE HIRER?
WITHIN 7 DAYS
WHAT IS HIRE- PURCHASE AGREEMENT
AN AGREEMENT THAT PURCHASE OF GOODS THAT CAN PAY BY INSTALLMENTS
WHAT IS THE MEANING OF HIRER
THE PERSON WHO TAKES GOODS FROM THE OWNER UNDER HIRE PURCHASE AGREEMENT
2 CATEGORIES OF GOODS IN HIRE PURCHASE AGREEMENT
- ALL CONSUMER GOODS
2. MOTOR VEHICLES
THE RIGHTS OF OWNERSHIP IN HIRE PURCHASE AGREEMENT
THE HIRER STILL DOESNT HAVE THE FULL OWNERSHIP ON THE GOODS BECAUSE IF THEY HAVENT MAKE FULL PAYMENT TO THE OWNER
EXAMPLE OF CASE IN RIGHT OF OWNERSHIP IN HIRE PURCHASE AGREEMENT
CREDIT CORPORATION BHD V THE MALAYSIAN INDUSTRIAL FINANCE CORP &ANOR