Hire-Purchase Act

Link to law: http://www.moj.gov.jm/laws/hire-purchase-act
Published: 1974-10-01

HIRE-PURCHASE. 1

THE HIRE-PURCHASE ACT

ARRANGEMENT OF SECTIONS

PART I. Preliminary

1. Shoe title.
2. Interpretation.

P A ~ T II. General

Comuimr protection prior to the making of an agreement

3. Regulation of advertisements re hire-purchase or credit sale or

4. Duties of vendors prior to agreement.
5. Requirement that information be furnished regardmg cash price.
6. Requirement that agreements contain prescribed infmatioq.
7. Requirement that copies of agreement be furnished to purchaser

conditional sale.

Regulation of agreements-
Representations, conditions and warranties

8. Certain representations deemed to be made by an agent of owner

9. Implied conditions and warranties.
or seller.

10. Provision as to exclusion of implied conditions and warranties.
11. Further implied conditions in special cases.
12. Special provision as to conditional sale agreements.

Regulation of rights and duties subsequent to agreement
13. Vendor to supply information and copy to purchaser.
14. Requirements relating to contracts of guarantee.
15. Further documents to be supplied to guarantor.
16 Duty of purchaser to give vendor information re location of goods.

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2 HIRE-PURCHASE

Rebate in purchase price and interest on late payment

17. Rebate on early payment, etc.
18. Right to terminate agreement.
19. Liability of purchaser givlng notice of termination.
20. Installation charges.
21. Power of vendor to insure. goods if purchaser fails to do so.

Avoidance of certain provisions and contracts
22. General provisions.
23. Provisions relating to death of hircr or buyer

PART ID. Recovery of possession and other remedies

24. Restriction on right to recoyer possession of goods
25. Recovery of possession in default of payment and on impropcr

26. Power to authorize repossession of goods.
27. Action by vendor to recover possession of gods from purchaser.
28. Effect of postponement of operation of an order for specific

29. Powers of the Court to deal with payments arising on determina-

30. Distress for rent and bankruptcy.
31. Purchaser’s refusal to surrender goods not to be conversion in

32. Evidence of adverse detention of god&
33. Appropriation of payments.
34. Payment otherwise than in money.

alienation.

delivery of goods to the owner.

tion of vending agreements.

certain cases.

PART lV. Application of this Act to prescribed bills of sale
35. Interpretation of this Part.
36. Exclusion of consumers’ bills of sale kom the provisions of the

Bills of Sale Act.
37. Appliation of provisions of th~s Act to consnmers’ bills of sale.

P m r V. Supplemenfary

SCHEDULES

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38. Regulations.

HIRE-PURCHASE ‘ 3

THE HIRE-PURCHASE ACT
Acts

19 of 1W4,
15 of 1979
2ad Sch.

[Ist October, 1974.1

PART I. Preliminary
l.-(l) This Act may be cited as the Hire-purchase Act. Shorttitle.

(2) This Act shall not have effect in relation to any
hire-purchase agreement, credit sale agreement, consumer’s
bill of sale or conditional sale agreement made before the
1st October, 1974.

2 . 4 1 ) In this Act- Inlerpreta
lion.

“action”, “buyer” (except in relation to a conditional
sale agreement), “delivery”, “goods”, “property”,
“sale”, “seller” (except in relation to a conditional
sale agreement) and “warranty” have the meanings
assigned to them respectively by the Sale of Goods
Act;

“buyer”, 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 assignment or by
operation of law;

“cash price”, in relation to any goods, means the price
in which the goods may be purchased by the
purchaser for cash;

“conditional sale agreement” means an agreement for
the sale of goods under which the purchase price
or part of it is payable by instalments, and the pro-
perty in the goods is to remain in the seller

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4 HIRE-PURCHASE

(notwithstanding that the buyer is to be in posses-
sion of the goods) until such conditions as to the
payment of instalments or otherwise as may be
specified in the agreement are fulfilled;

“consumer’s bill of sale” has the meaning assigned to
it by section 35;

“contract of guarantee”, in relation to a vending agree-
ment, means a contract, made at the request
(express or implied) of the purchaser, either to
guarantee the performance of the purchaser’s obli-
gations under the vending agreement, or to
indemnify the vendor against any loss which he
may incur in respect of that agreement, and
“guarantor” shall be construed accordingly;

“credit sale agreement” means an agreement for the
sale of goods under which the purchase price is
payable by five or more instalments, not being a
conditional sale agreement;

(a) the disposal of the ownership of the goods, or
of any proprietary interest in them, or of the
right to possession of the goods; and

(b) the disposal of the possession of the goods,
whether or not accompanied by any disposal
of the ownership of the goods, or of any
proprietary interest in them, or of the right
to possession of them;

“hire-purchase agreement” (subject to subsection (6) )
means an agreement for the bailment of goods
under which the bailee may buy the goods, or
under which the property in the goods will or may
pass to the bailee;

“hire-purchase price” (subject to subsection (2) ) means
the total sum payable by the hirer under a hire-

“disposal”, in relation to goods, includes-

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HIRE-PURCHASE 5

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” 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;

“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;

(a) in relation to a hire-purchase agreement, the
hirer; and

(b) in relation to a conditional sale agreement or
a credit sale agreement, the buyer;

“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;

(a) a single man or widower living with a single
woman or widow as man and wife; or

( b ) a single woman or widow living with a single
man or widower as man and wife;

“purchaser” means-

“spouse” includes-

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6 HIRE-PURCHASE

“total purchase price” (subject to subsection (2) 1 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;

(a) a conditional sale agreement;
(b) a credit sale agreement; or
(c) a hire-purchase agreement;

(a) in relation to a hire-purchase agreement, the
owner; and

(b) in relation to a conditional sale agreement or
a credit sale agreement, the seller.

(2) For the purposes of this Act, any s u m payable by
the purchaser under a vending 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 vendor 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 vending agreement, means any negotiations or arrange-
ments with the purchaser whereby he was induced to make
the agreement or which otherwise promoted the trans-
action 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.

“vending agreement” means-

“vendor” means-

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HIRE-PURCHASE I

(4) 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 mean-
ing as in section 8, and references to making representations
shall be construed accordingly.

(5) Without prejudice to the operation of subsection
(6), any reference in this Act to a document which consti-
tutes a vending 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 and
shall be construed accordingly.

(6) Where by virtue of two or more agreements, none
of which by itself constitutes a hire-purchase agreement as
defined by subsection (11, there is a bailment of goods and
either the bailee may buy the goods, or the property there-
in will or may pass to the bailee, the agreements shall be
treated, for the purposes of this Act, as a single agreement
made at the time when the last of the agreements was made.

PART 11. General
Consumer protection anterior to the making of an

agreement
3 . 4 1 ) The advertisement of any goods as being avail- Regulation

able for disposal by way of hire-purchase or credit sale or :?-
conditional sale shall be subject to the regulations set out
in the First Schedule. credit sale

or condi-
tional sale.
First
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8 HIRE-PURCHASE

(2) Subject to the provisions of this section, any per-
son who displays or issues an advertisement in contraven-
tion of the provisions of the First Schedule or causes an
advertisement to be displayed or issued in contravention
of those provisions, shall be guilty of an offence and liable
on summary conviction in a Resident Magistrate’s court-

(a) if it is his first conviction under this section, to a
fine not exceeding one hundred dollars or, in de-
fault of payment thereof, to imprisonment for a
term not exceeding three months;

( b ) in any other case, to a fine not exceeding two
hundred dollars or, in default of payment thereof,
to imprisonment for a term not exceeding six
months.

( 3 ) Where a person is charged with an offence under

(a) that the matters contained in the advertisement did
not relate to anything to be done in the course of
a business carried on by him; and

(b) that the matters so contained were not (wholly or
in part) devised or selected by him or by any other
person under his direction or control.

this section it shall be a defence to p r o v e

Dutcer of

priorto
agreement.

4 . 4 1 ) Subject to subsection (3), a vendor shall not be
entitled to enforce a vending agreement unless the require-
ments prescribed by or pursuant to sections 5, 6 and 7 are
complied with.

(2) Where pursuant to subsection (1) a vendor is not
entitled to enforce a vending agreement-

(a) he shall not be entitled to enforce any contract
of guarantee relating to that agreement;

(b) no security given by the purchaser in respect
of money payable under the agreement or given
by a guarantor in respect of money payable under

vendon

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HIRE-PURCHASE 9

a contract of guarantee relating to the agreement
shall be enforceable against the purchaser or the
guarantor, as the case may be, by the holder of
that security; and

(c) if it is a hire-purchase agreement or a conditional
sale agreement, he shall not be entitled to enforce
any right to recover the goods from the hirer or
buyer.

(3) If in any action the Court is satisfied that a failure
to comply with any of the requirements of sections 5, 6 and
7 has not prejudiced the purchaser and that it would be just
and equitable to dispense with the requirement, the Court
may, subject to any conditions that it thinks fit to impose,
dispense with the requirement for the purposes of the action.

5. The requirements of this section, in relation to a Require
ment that

be furnished
vending agreement, are that, before the agreement is made- . rnformation

to the purchaser by the vendor, (or by any person
acting on his behalf or conducting antecedent nego-
tiations) otherwise than in the agreement; or

(b) if the purchaser has inspected the goods or like
goods, then, at the time of his inspection, tickets
or labels were attached to or displayed with the
goods clearly stating the cash price, either of the
goods as a whole or of all the different articles or
sets of articles comprised therein; or

(c) the purchaser has selected the goods by reference
to a catalogue, price l i t or advertisement which
clearly stated the cash price, either of the goods
as a whole or of all the different articles or sets of
articles comprised therein.

(a) the cash price of the goods has been stated in writing =?:;&,

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10 HIRE-PURCHASE

Rauire-
me& that
agreements
contain
prescribed
information.

Second
Schedule.

R:O.uiW
rnent that
copies of
agreement
be furnished
to
purchaser.

6. The requirements of this section, in relation to a

(a) the agreement contains a statement of the hire-
purchase price or total purchase price, as the case
may be, and of the cash price of the goods to which
the agreement relates, and of the amount of each
instalment by which the hire-purchase price or total
purchase price is to be paid, and of the number of
such instalments to be paid, and of the date, or the
mode of determining the’date, on which each in-
stalment is payable;

(b) the agreement contains a list of the goods to which
the agreement relates sufficient to identify them;

(c) the agreement specifies the address of each party
thereto to which all communications and notices
to that party may be addressed;

(d) the agreement complies with any relevant require-
ments of any regulations under this Act; and

(e) if it is a hire-purchase agreement or a conditional
sale agreement, it contains a notice, which is at
least as prominent a the rest of the contents of the
agreement in the terms set out in Part A or (as the
case may be) Part B of the Second Schedule.

vending agreement, are that-

7.41) The requirements of this section, in relation to a
vending agreement, are that copies are delivered or sent to
the purchaser in accordance with the following provisions of
this section.

(2) Ifeither-
(a) the agreement is signed by or on behalf of all other

parties immediately after it is signed by the pur-
chaser, and a copy of the agreement is there and
then delivered to him; or

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HIRE-PURCHASE 11

( b ) the agreement having been signed by or on behaIf
of all other parties before it is signed by the pur-
chaser, a copy of the agreement is delivered to him
immediately after he signs the agreement,

and (in either case) the copy so delivered complies with the
requirements of any regulations made under this Act, the
delivery of that copy shall be taken to have fulfilled the re-
quirements of this section in relation to that agreement.

(3) If, in a case not falling within paragraph (a) or
paragraph (b) of subsection (2)-

(a) either-
(i) the relevant document was presented to the

purchaser for his signature, and immediately
after he signed it there was delivered to him
a copy of that document in the form in
which it then was; or

(ii) the relevant document was sent to the pur-
chaser for his signature, and at the time
when it was sent there was also sent to him
a copy of that document in the form in
which it then was; and

(b) in either case, within fourteen days of the making
of the agreement, a copy of the agreement is
delivered to the purchaser and signed for by
him, or is sent to the purchaser by registered post;

then, if each copy delivered or sent to the purchaser as
mentioned in paragraph (a) or paragraph (b ) of this sub-
section complies with the requirements of any regulations
made under this Act, the delivery or sending of those copies
shall be taken to have fulfilled the requirements of this
section in relation to that agreement.

(4) In this section “the relevant document” means the
document which, on being signed by the purchaser and by

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12 HIRE-PURCHASE

or on behalf of all other parties to the agreement, became
the hire-purchase agreement, credit sale agreement or con-
ditional sale agreement, as the case may be.

Regulation of agreements-

Representations, conditions and warranties

Certain

tations

bcmade
by an

Owneror

8 . 4 1 ) Where a person (in this section referred to as
“the owner or seller”) lets goods under a hire-purchase
agreement, or sells or agrees to sell goods under a credit sale
agreement or a conditional sale agreement, any representa-
tions with respect to the goods to which the agreement
relates which were made, either orally or in writing, to the
hirer or buyer by a person other than the owner or seIIer
in the course of any antecedent negotiations conducted by
that other person on behalf of the owner or seller shall be
deemed to have been made by him as agent of the owner
or seller.

(2) Nothing in this section shall exonerate any person
from any liability (whether criminal or civil) to which he
would be subject apart from this section.

(3) In this section “representations” includes any
statement or undertaking, whether constituting a condition
or a warranty or not, and references to making representa-
tions shall be construed accordingly.

repreSe”-

deemed to

agent of

seller.

Implied

and War

9.-(1) In every hire-purchase agreement and in every

(a) a condition on the part of the owner or seller that
he will have a right to sell the goods at the time
when the property is to pass;

(b) a warranty that the hirer or buyer shall have and
enjoy quiet possession of the goods;

conditions

rantics.
conditional sale agreement there shall be implied-

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HIRE-PURCHASE 13

(c) a warranty that the goods shall be free from any
charge or encumbrance in favour of any third-party
at the time when the property is to pass.

(2) Subject to subsection (3) and to section 10, in
every hire-purchase agreement and in every conditional sale
agreement there shall be implied a condition that the goods
will be of merchantable quality.

(3) Where the hirer or buyer has examined the goods
or a sample of them, the condition referred to in subsection
(2) shall not be implied by virtue of that subsection in
respect of defects which the examination ought to have
revealed.

(4) Where the hirer under a hire-purchase agreement,
or the buyer under a conditional sale agreement, whether
expressly or by hplication-

(a) has made known to the owner or seller, or to
a servant or agent of the owner or seller, the
particular purpose for which the goods are required;
or

(b) in the course of any antecedent negotiations has
made that purpose known to any other person by
whom those negotiations were conducted, or to a
servant or agent of such a person,

there shall, subject to the provisions of section 10, be im-
plied a condition that the goods will be reasonably fit for
that purpose.

(5) Nothing in this section or in section 10 shall pre-
judice the operation of any other enactment or rule of law
whereby any condition or warranty is to be implied in any
hire-purchase agreement or conditional sale agreement.

(6) The condition and warranties specified in sub-
section (I) and (except as provided by subsection (3) of this

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14 HIRE-PURCHASE

section and by subsections (1) and (2) of section 10) the con-
dition specified in subsection (2) of this section, shall be
implied notwithstanding any agreement to the contrary.

(7) The owner or seller shall not be entitled to reIy on
any provision in a hire-purchase agreement or conditional
sale agreement excluding or modifying the condition refer-
red to in subsection (4) unless he proves that before the
agreement was made that provision was brought to the
notice of the hirer or buyer and its effect was made clear to
him.

Provision 10.-( 1) Where under a hire-purchase agreement or a con-
exc~usion ditional sale agreement goods are let or agreed to be sold as
conditions second-hand goods or “as is” or “as it stands” and-
ranties. (a) the agreement contains a statement to that effect,

and a provision that the condition referred to in
subsection (2) of section 9 is excluded in relation to
those goods; and

(b) it is proved that before the agreement was made the
provision in the agreement so excluding that con-
dition was ‘brought to the notice of the hirer or
buyer and its effect made clear to him,

that condition shall not be implied in the agreement in
relation to those goods.

(2) Where under a hire-purchase agreement or a con-
ditional sale agreement goods are let or agreed to be sold
as being subject to defects specified in the agreement
(whether referred to in the agreement as defects or by any
other description to the like effect) and-

(a) the agreement contains a provision that the con-
dition referred to in subsection (2) of section 9 is
excluded in relation to those goods in respect of
those defects; and

as to

of implied

and war-

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HIRE-PURCHASE 15

(b) it is proved that before the agreement was made
those defects, and the provision in the agreement
so excluding that condition, were brought to the
notice of the hirer or buyer and the effect of that
provision was made clear to him,

that condition shall not be implied in the agreement in
respect of those defects.

11.41) Where goods are let under a hire-purchase agree- F U ~ ~ C I
ment, or are agreed to be sold under a conditional sale conditions
agreement, and the goods are so let or agreed to be sold by fi$yd
reference to a sample, there shall be implied in the agree-
ment-

(U) a condition that the bulk will correspond with the
sample in quality; and

(b) a condition that the hirer or buyer will have a
reasonable opportunity of comparing the bulk with
the sample.

(2) Where goods are let under a hire-purchase agree-
ment, or are agreed to be sold under a conditional saIe
agreement, and are so let or agreed to be sold by descrip-
tion, there shall be implied in the agreement a condition that
the goods will correspond with the description; and if the
goods are let or agreed to be sold under the agreement by
reference to a sample, as well as by description, it shall not
be sufficient that the bulk of the goods corresponds with the
sample if the goods do not also correspond with the des-
cription.

mplied
0

12.-(1) Paragraph (c) of subsection (1) of section 12 of Special
the Sale of Goods Act (whereby in certain circumstances as to fan.
a breach of a condition in a contract of sale is to be treated
only as a breach of warranty) shall not apply to conditional merits.
sale agreements.

provision

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16 HIRE-PURCHASE

(2) A breach of a condition (whether express or im-
plied) to be fulfilled by the seller under a conditional sale
agreement shall be treated as a breach of warranty, and not
as grounds for rejecting the goods and treating the agree-
ment as repudiated, if (but only if) it would have fallen to
be so treated had the condition been contained or implied
in a corresponding hire-purchase agreement as a condition
to be fulfilled by the owner.

(3) A conditional sale agreement shall be treated as
not being a contract of sale for the purposes of sections 13
to 16 (inclusive) of the Sale of Goods Act (which imply
certain conditions and warranties in contracts of sale).

(4) In this section ‘%orresponding hire-purchase
agreement” means a hire-purchase agreement relating to
the same goods as the conditional sale agreement and made
between the same parties and at the same time and in the
same circumstances and, as nearly as may be, in the same
terms as the conditional sale agreement.

Regulation of rights and duties subsequent to agreement

Vendorto

E!:,&.
tionand copy to

purchaser.

13.-(1) At any time before the find payment has been
made under a vending agreement, any person entitled to
enforce the agreement against the purchaser shall, withii
fourteen days after he has received a request by registered
mail from the purchaser, and the purchaser has tendered to
him the sum of twenty-five cents for expenses, supply to the
purchaser a copy of the agreement, together with a state-
ment signed by that person or his agent showing-

(a) the amount paid by or on behalf of the purchaser;
(b) the amount which has become due under the

agreement but remains unpaid, and the date on
which each unpaid instalment became due, and the
amount of each such instalment; and

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HIRE-PURCHASE 17

(c) the amount which is to become payable under the
agreement, and the date, or the mode of deter-
miniig the date on which each future instalment
is to become payable, and the amount of each such
instalment.

(2) In the event of a failure to comply with subsec-

(a) no person shall be entitled to enforce the agree-
ment against the purchaser or to enforce any
contract of guarantee relating to the agreement,
and, in the case of a hire-purchase agreement or
a conditional sale agreement, the owner or seller
shall not be entitled to enforce any right to re-
cover the goods from the hirer or buyer; and

(b) no security given by the purchaser in respect of
money payable under the agreement, or given by
a guarantor in respect of money payable under a
contract of guarantee relating to the agreement,
shall be enforceable against the purchaser or the
guarantor by any holder thereof,

and, if the default continues for a period of one month with-
out reasonable cause, the person in default shall be liable
on summary conviction in 5. Resident Magistrate’s Court
to a finenot exceeding fifty dollars.

(3) If a copy supplied to a purchaser in pursuance
of a request made by him under this section does not com-
ply with such requirements of any regulations made under
this Act as relate thereto, subsection (2) shall apply as if that
copy had not been supplied to him.

tion (11, then, while the default continues-

14.41) A contract of guarantee relating to a vending Require-
agreement, and any security given by a guarantor in respect lating to
of money payable under such a contract, shall (subject to ~ ~ ~ ~ ; ~ .
the following provisions of this section) not be enforceable

ments re-

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18 HIRE-PURCHASE

unless, within fourteen days of the making of the contract
of guarantee or the making of the vending agreement, which-
ever is the later, there is delivered to the guarantor and
signed for by him or sent to the guarantor by registered
post-

(a) a copy of the vending agreement; and
(b) a copy of a note or memorandum of the contract

of guarantee, being a note or memorandum signed
by the guarantor or by a person authorized by him
to sign it on his behalf.

(2) Subject to subsection (3), such a contract of
guarantee, and any such security, shall also not be enforce-
able unles-

(a) each copy delivered or sent as mentioned in sub-
section (1); and

(6) the note or memorandum of the contract of
guarantee,

complies with the requirements of any regulations made
under this Act, in so far as any such requirements relate
thereto.

(3) If in any action the Court is satisfied that a failure
to comply with any requirement imposed by subsection (l),
or with any such requirement as is mentioned in subsection
(21, has not prejudiced the guarantor, and that it would be
just and equitable to dispense with that requirement, the
Court may, subject to any conditions that it thinks fit
to impose, dispense with that requirement for the purposes
of the action.

Further

tobesup

guarantor. pliedto

15.-(1) Where a contract of guarantee relating to a vend-
ing agreement is for the time being in force, and the final
payment under that agreement has not been made, any
person entitled to enforce the contract of guarantee against
the guarantor shall, within thirty days after he has received
a request by registered mail from the guarantor, and

documents

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HIRE-PURCHASE 19

the guarantor has tendered to him the sum of twenty-five
cents for expenses, supply :o the guarantor the documents
specified in subsection (2).

(2) The documents referred to in subsection (1) are-
(a) a copy of the vending agreement; and
(b) a copy of a note or memorandum of the contract

of guarantee; and
(c) a statement signed by, or by the agent of, the per-

son to whom the request in writing referred to in
subsection (1) is made, showing the matters spe-
cified in paragraphs (a) to (c) of subsection (1) of
section 13.

(3) In the event of a failure to comply with subsec-

(a) no person shall be entitled to enforce the contract
of guarantee against the guarantor; and

(b) no security given by the guarantor in respect of
money payable under that contract shall be en-
forceable against the guarantor by any holder of
that security,

and, if the default continues for a period of one month with-
out reasonable cause, the person in default shall be liable
on summary conviction in a Resident Magistrate’s Court
to a fine not exceeding fifty dollars.

(4) If a copy supplied to a guarantor in pursuance
of a request made by him under this section does not com-
ply with such requirements of any regulations made under
this Act as relate thereto, subsection (3) shall apply as if that
copy had not been supplied to him.

tion (I), then, while the default continues-

16.-(1) Where by Virtue of a hire-purchase agreement or Duty OE
purchaser

to keep the goods comprised in the agreement in his posses- vendor .
inform a -
lion re
localion of
goods.

a conditional sale agreement a purchaser i s under a duty

Cl%e idusion of this pge ia authorized by L.N. 248/1975)

20 HIRE-PURCHASE

sion or control, the purchaser shall, on receipt of a request
in writing (by personal delivery or by registered post) from
the vendor, inform the vendor where the goods are at the
time when the information is given, or, if it is sent by post,
at the time of posting (as the case may be).

(2) If a purchaser fails without reasonable cause to
give that information within fourteen days of the receipt of
the notice, he shall be liable on summary conviction in a
Resident Magistrate’s Court to a fine not exceeding fifty
dollars or, in default of payment thereof, to imprisonment
for a term not exceeding three months.

Rebate in purchase price and interest on late payment

Rebateon

ment,etc,

17. Notwithstanding anything to the contrary contained
in a hire-purchase agreement or a conditional sale agree-
ment-

early pay-

where the balance of the hire-purchase price or
total purchase price payable under the agreement
is paid not less than one month prior to the date
on which it is due, a rebate in the price of the goods
shall be allowed to the purchaser at the rate of 5 %
per annum or such rate in lieu thereof as may be
prescribed, calculated on the amount of such
balance for the period in respect of which it was
prepaid; and

(b) where the balance of the hire-purchase price or
total purchase price payable under the agreement
remains unpaid for more than one month after
the date on which it is due, interest on such bal-
ance may be charged by the vendor at the rate of
5 per annum or such rate in lieu thereof as may
be prescribed, calculated on the amount of such
balance for the period in respect of which it is due.

rhe inclusion of this page in authorized by L.N. zaS/197Sl

HIRE-PURCHASE 21

18,-(1) At any time before the final payment under a Rightto
hire-purchase agreement or conditional sale agreement falls agreement.
due, the purchaser shall (subject to subsection (2)) be
entitled to terminate the agreement by giving notice of
termination in writing to any person entitled or authorized
to receive the sums payable mder the agreement.

(2) In the case of a conditional sale agreement, where
the property in the goods, having become vested in the
buyer, is transferred to a person who does not become the
buyer under the agreement, the buyer shall not thereafter
be entitled to terminate the agreement under this section.

(3) Subject to subsection (Z), where a buyer under a
conditional sale agreement terminates the agreement under
this section after the property in the goods has become
vested in him, the property in the goods shall thereupon vest
in the person (in this subsection referred to as “the previous
owner”) in whom it was vested immediately before it became
vested in the buyer:

Provided that if the previous owner has died, or any other
event has occurred whereby that property, if vested in him
immediately before that event, would thereupon have vested
in some other person, the property shall be treated as having
devolved as if it had been vested in the previous owner im-
mediately before his death or immediately before that event,
as the case may be.

(4) Nothing in this section shall prejudice any right
of a purchaser to terminate a hire-purchase agreement or
conditional sale agreement otherwise than by virtue of this
section.

tcrrninate

19.-(1) Where a purchaser terminates an agreement by Liability
virtue of section 18, then, subject to the following provisions zlfz
of this section and to section 20, and without prejudice to
any liability which has accrued before the termination, he t f m h a -
shall be liable- tion.

m e inclusion of this page is authorized by LN. 248/1975]

22 HIRE-PURCHASE

(a) in the case of a hire-purchase agreement, to pay
the amount (if any) by which one-half of the hire-
purchase price exceeds the total of the sums paid
and the sums due in respect of the hire-purchase
price immediately before the termination; or

(b) in the case of a conditional sale agreement, to pay
the amount (if any) by which one-half of the total
purchase price exceeds the total of the sums paid
and the sums due in respect of the total purchase
price immediately before the termination,

or, if (in either case) the agreement specifies a lesser amount,
he shall be liable to pay the amount so specified.

(2) If in any action the Court is satisfied that a sum
less than the amount specified in paragraph (a) or paragraph
(b) of subsection (1) (as the case may be) would be equal to
the loss sustained by the vendor in consequence of the termi-
nation of the agreement by the purchaser, the Court may
make an order for the payment of that sum in lieu of that
amount.

(3) Where a hire-purchase agreement or conditional
sale agreement has been terminated under section 18, the
purchaser, if he has failed to take reasonabIe care of the
goods, shall be liable to pay damages for the failure.

(4) Where a purchaser, having terminated a hire-
purchase agreement or conditional sale agreement under
section 18, wrongfully retains possession of the goods, then,
in any action brought by the vendor to recover possession
of the goods from the purchaser, the Court, unless it is satis-
fied that having regard to the circumstances it would not
be just and equitable to do so, shall order the goods to be
delivered to the vendor without giving the purchaser an
option to pay the value of the goods.

(5) In this section and in section 22 “Ioss” means the
actual loss sustained by the vendor in consequence of the

vhe inclusion of this page is authorized by LN. 2481 19751

HIRE-PURCHASE 23

termination of the agreement or bailment, as the case may
be, but does not include his loss of profit.

20.-( 1) Where under a hire-purchase agreement or a Inrlalia-
conditional sale agreement the vendor is required to carry charges.
out any installation, and the agreement specifies, as part of
the hire-purchase price or total purchase price, the amount
to be paid in respect of the installation (in this section
referred to as "the installation charge") any reference in
section 19(1) to one-half of the hire-purchase price or one-
half of the total purchase price shall be construed as a
reference to the aggregate of the installation charge and one-
half of the remainder of the hire-purchase price or total
purchase price, as the case may be.

tion

(2) In this section "installation" means-
(a) the installing of any electric line (as defined in the

Electric Lighting Act) or any gas or water pipe;
(b) the fixing of goods to which the agreement relates

to the premises where they are to be used, and the
alteration of premises to enable any such goods to
be used on them; and

(c) where it is reasonably necessary that any such
goods should be constructed or erected on the
premises where they are to be used, any work
carried out for the purpose of constructing or
erecting them on those premises.

21.41) Where there is a requirement under a vending Powerof
vendor to agreement that any goods the subject matter of the agree- msure

ment are to be insured or to be kept insured, it shall be the
responsibility of the vendor to ensure that such insurance z",i';,o
is effected.

(2) The cost of any insurance effected by a vendor
pursuant to subsection (l), together with interest thereon

F e inclusion of this page is authorid by L.N. 248/19751

24 HIRE-PURCHASE

(or on any unpaid balance thereof) at the prescribed rate,
shall be added to the hire-purchase price or total purchase
price of the goods, as the case may be; and shall be payable
by the purchaser to the vendor.

(3) Any amount added to the hire-purchase price or
total purchase price of goods pursuant to subsection (2)
shall be paid by the purchaser in such instalments as the
vendor and purchaser may agree, or, in default of agree-
ment, in such instalments, as near as possible equal, as will
ensure that the total amount so added is repaid to the
vendor not later than the date on which the last instalment
payable under the vending agreement becomes due.

Avoidance of certuin provisions and contracts

General
Pfov1-
sions.

22.-(1) Any provision to which this subsection applies
shall be void.

(2) Subsection (1) applies to any provision in any
agreement (whether a hire-purchase agreement, credit sale
agreement or conditional sale agreement or not)--

(a) whereby, otherwise than as permitted by Part 111.
a vendor, or any person acting on his behalf, is
authorized to enter upon any premises for the pur-
pose of taking possession of goods which have been
let under a hire-purchase agreement or agreed to
be sold under a conditional sale agreement, or is
relieved from liability for any such entry; or

(b) whereby the right conferred by section 18 to
terminate a hire-purchase agreement or a condi-
tional sale agreement is excluded or restricted, or
whereby any liabiIity, in addition to the liability
imposed by section 19, is imposed on a purchaser
by reason of the termination of a hire-purchase
agreement or conditional sale agreement under the
said section 18; or

-
[The inclusion of this page is authorized by L.N. 248/1975]

HIRE-PURCHASE 25

(c) whereby a purchaser, after the termination in any
manner whatsoever of a hire-purchase agreement
or conditional sale agreement or (in the case of
a hire-purchase agreement) of the bailment, is
(apart from any liability which has accrued before
the termination) subject to a liability to pay an
amount which exceeds whichever is the lesser of
the two following amounts, that is to say-

(i) the amount mentioned in paragraph (a) or
(as the case may be) in paragraph (b) of
subsection (11 of section 19; and

(ii) an amount equal to the loss sustained by
the owner or seller in consequence of the
termination of the agreemetit or bailment;
or

(d) whereby any person acting on behalf of a vendor
in connection with the formation or conclusion of
a vending agreement is treated as, or deemed to
be, the agent of the purchaser; or

(e) whereby a vendor is relieved from liability for the
acts or defaults of any person acting on his behalf
in connection with the formation or conclusion of
a vending agreement; or

(fl whereby a purchaser is precluded from assigning
his rights under the agreement to another person
approved by the vendor or whereby such approval
may be unreasonably withheld.

(3) There shall also be void any provision in an
agreement (whether a hire-purchase agreement, credit sale
agreement or conditional sale agreement or not)-

(a) excluding or restricting the operation of any enact-
ment contained in section 8; or

(b) excluding or modifying any condition implied by
virtue of section 11.

Khe inclusion of this page is authorized by L.N. 248/1975]

26 HIRE-PURCHASE

(4) Any contract, whether oral or in writing, which
apart from this subsection would have effect as a contract
to enter into a hire-purchase agreement, a credit sale agree-
ment or a conditional sale agreement (as distinct from a
contract constituting such an agreement) shall be void.

Provisions
relating to
death of
hirer or
buyer.

23.411 The provisions of subsection (2) or (as the case
may be) subsection (3) shall have effect where goods are let
under a hire-purchase agreement, or are agreed to be sold
under a conditional sale agreement, and that agreement, or
any other agreement, provides that, on the occurrence of,
or at a time to be ascertained by reference to, one or more
events referred to in the provisions in question-

(a) the hire-purchase agreement or conditional sale
agreement, or (in the case of a hire-purchase
agreement) the bailment of the goods, shall termi-
nate, or shall be terminable, or the owner or seller
shall have a right to recover possession of the
goods to which the hire-purchase agreement or
conditional sale agreement relates; or

(b) any sum shall become payable by the hirer or buyer
or any guarantor, or any liability of the hirer or
buyer or any guarantor shall be increased or
accelerated; or

(c) any right of the hirer under the hire-purchase
agreement or of the buyer under the conditional
sale agreement shall cease to be exercisable, or shall
be, or shall become liable to be, restricted or post-
poned.

(2) If the only event specified as mentioned in
subsection (1) is the death of the hirer or buyer, so much of
the agreement as makes any such provision as is mentioned
in that subsection shall be void.

mhe inclusion of this page is authorized by L.N. 248/19753

HIRE-PURCHASE 27

(3) If two or more events are so specified, and one
of them is the death of the hirer or buyer, so much of the
agreement as makes any such provision shall have effect as
if any reference to the death of the hirer or buyer were
omitted.

(4) Without prejudice to the provisions of sub-
sections U), (2) and (3) where-

(a) goods are let under a hire-purchase agreement,
or are agreed to be sold under a conditional sale
agreement; and

(6) that agreement, or any other agreement, contains
any provision (whether expressed as a provision
that the hire-purchase agreement or conditional
sale agreement shall be personal to the hirer or
buyer or otherwise) which, if the hire-purchase
agreement or conditional sale agreement is in force
immediately before the death of the hirer or buyer,
would apart from this subsection have the effect of
terminating the last-mentioned agreement on the
death of the hirer or buyer or otherwise preventing
the benefit of that agreement from being trans-
mitted on his death,

that provision shall be void in so far as it would have that
effect.

PART 111. Recovery of possession and other remedies

24-(1) Save as permitted by this Part, a vendor, under Restriction
on right to a hire-purchase agreement or a conditional sale agreement, recoyer

shall not enforce otherwise than by action any right to rg2F
r a v e r possession of goods pursuant to any provision of the
agreement.

(2) If a vendor recovers possession of goods in con-
travention of subsection (11, the agreement, if not previously
terminated, shall terminate and-

lThe inclusion of this page is authorized by L.N. 248/1975]

28 HIRE-PURCHASE

(a) the purchaser shall be released from all liability
under the agreement and shall be entitled to
recover from the vendor, in an action for money
had and received, all sums paid by the purchaser
under the agreement or under any security given
by him in respect thereof; and

(b) any guarantor, in relation to that agreement, shall
be entitled to recover from the vendor in an action
for money had and received, all sums paid by the
guarantor under the contract of guarantee or under
any security given by him in respect thereof.

Rewvcw
of posses-
sionin $ ~ ~ ~ ~ f possession of goods where-
improper

25.41) Nothing in this Part shall prevent a vendor from
enforcing otherwise than by action any right to recover

(a) any instalment or other sum due and payable under
a hire-purchase agreement or a conditional sale
agreement remains unpaid for the prescribed
period and, after the expiry of that period, the
vendor, by registered post, or in such other manner
as may be prescribed, serves on the purchaser the
prescribed notices; or

(b) there is any disposal, or attempted disposal, of the
goods, the subject matter of a hire-purchase agree-
ment or conditional sale agreement, or any part
thereof by the purchaser contrary to the hire-
purchase agreement or the conditional sale agree-
ment or contrary to law; or

(c) the purchaser terminates the agreement pursuant
to section 18.

and on

alienation.

(2) In this section-
“prescribed period”, in relation to any agreement,

meam-

me inclusion of this mge is authorized by L.N. 2481 19751

HIRE-PURCHASE 29

(a) where not less than two-thirds of the pur-
chase price has been paid, three months
or such longer period as may be stipulated
in the agreement; and

(b) in any other case, two months or such
longer period as may be stipulated in the
agreement :

Provided that-
(i) if, in relation to any agree-

ment, proceedings are taken
against a purchaser under this
section the prescribed period
in relation to that agreement
in any subsequent proceedings
under this section shall be one
month;

(ii) if the purchaser dies, notwith-
standing the expiry of the pre-
scribed period no repossession
of goods shall take place dur-
ing the period of thirty days
after the date of death;

“prescribed notices”, in relation to any agreement,
means the followhg-

(a) notice of default; and
(b) notice of repossession,

in such terms, and subject to such provisions as
may be prescribed.

(3) Where a vendor serves on a purchaser a notice
of default and within the time specified in the notice that
purchaser pays or tenders to the vendor not less than one-
half of the sum stated in the notice, the vendor shall accept
such sum and shall grant an extension of time not less than

me inclusion of t h i s page is authorized by L.N. 248/1975]

30 HIRE-PURCHASE

one-half of the prescribed period for payment of the balance
of the sum stated in the notice.

Power 26.-(1) Where it appears to a vendor of goods under a
rewasen. hire-purchase agreement or conditional sale agreement

(a) the goods or any part thereof, have been or are
likely to be abandoned by the purchaser; or

(b) the goods or any part thereof are likely to be re-
moved from Jamaica; or

(c) the purchaser has departed or is about to depart
from Jamaica without making satisfactory arrange-
ments-

to authonre

m n of
goods that-

(i) for the due payment of instalments; or
(ii) for the care of the goods or any part there-

of; or
(d) the goods or any part thereof have been removed

from the address at which, pursuant to the agree-
ment or any variation thereof, the goods are to be
kept, and the purchaser has failed to inform the
vendor of such removal within seven days thereof;
or

(e) the purchaser has died,
and, in relation to paragraph (a), (b), (c), (d) or (e), the cir-
cumstances are such that the right of the vendor to recover
possession of the goods would be endangered or unduly
prejudiced the vendor may apply ex parte to a Resident
Magistrate or to two Justices of the Peace for an order
authorizing repossession of the goods by the vendor.

(2) If, pursuant to an application under subsection
(l), a Resident Magistrate is, or the two Justices of the
Peace are, satisfied that any of the circumstances set out
in subsection (1) exists he may grant the order authorizing

lThe inclusion of this page is authorizwl by L.N. 248/1975]

HIRE-PURCHASE 31

the vendor, subject to subsection (31, to enforce otherwise
than by action any right to recover possession of the goods.

(3) A vendor on obtaining an order under this
section-

(a) shall forthwith send the prescribed notice by
registered mail, addressed to the purchaser at his
last known address; and

(b) may then proceed to enforce the right to recover
possession of the goods.

(4) Where possession of goods is recovered by a
vendor pursuant to an order under subsection (l), the
vendor shall not dispose of the goods until a period of
thirty days has elapsed from the date on which possession
was so recovered and if, during that period an application
is made to the Resident Magistrate’s Court pursuant to
subsection (S), he shall not dispose of the goods until and
unless the Resident Magistrate’s Court so orders.

(5 ) During the period of thirty days referred to in
subsection (4) the purchaser of the goods under the hire-
purchase agreement or the conditional sale agreement
or, in the case of the death of the purchaser, the legal per-
sonal representative of the purchaser may, by plaint served
on the vendor, apply to the Resident Magistrate’s Court for
an order to set aside the order under subsection (1) and to
authorize the return of the goods to the purchaser.

(6) Upon the hearing of a plaint made pursuant to
subsection (5 ) the Resident Magistrate’s Court may refuse
the application or may make such other order as it thinks
just in the circumstances of the case.

(7) In relation to paragraph (e) of subsection (1) a
vendor’s right to recover possession of goods shall be
deemed not to be endangered or unduly prejudiced if within
thirty days of the death of the purchaser the legal personal

indudon of this page is authorized by LN. 24811975]

32 HIRE-PURCHASE

representative of the purchaser or spouse or some other
person who satisfies the vendor that he is carrying out the
duties of legal personal representative of the purchaser
notifies the vendor in writing that he assumes responsibility
for all payments which are outstanding under the agreement
at the purchaser’s death and all payments which may
subsequently become due under the agreement, so, however,
that nothing in this subsection shall be construed as
authorizing the transfer of goods, the subject matter of the
agreement, otherwise than as directed by the purchaser’s
legal personal representative.

(8) If a vendor disposes of goods in contravention
of subsection (4) of this section or fails to return the goods
to the purchaser in accordance with an order of a Resident
Magistrate’s Court under subsection (5 ) of this section, the
provisions of subsection (2) of section 24 shall apply as if
the vendor had recovered possession of the goods in
contravention of subsection (1) of that section.

~ f t i o o b y

recover,
possession of goods

frompur- Resident Magistrate’s Court-

27.-(1) An action to recover possession of goods under
a vending agreement (being a hire-purchase agreement or
a conditional sale agreement) shall be commenced in the

(a) for the parish in which the purchaser resides or
carries on business at the date on which he last
made a payment under the vending agreement; or

(6) for the parish in which the vending agreement
was made.

(2) Subject to such exceptions as may be provided
for by rules made pursuant to section 135 of the Judicature
(Resident Magistrates) Act, all the parties to the agreement,
and any guarantor, shall be made parties to the action.

(3) Pending the hearing of the action, the Court
shall, in addition to any other powers, have power, on the

vendor to

chassr.

p h e inclusion of this page iS authorized by L.N. 248/1975J

HIRE-PURCHASE 33

application of the vendor, to make such orders as the Court
thinks just for the purpose of protecting the goods from
damage or depreciation, including orders restricting or
prohibiting the use of the goods or giving directions as to
their custody.

(4) On the hearing of the action the Court may,
without prejudice to any other power-

(a) make an order for the specific delivery of all the
goods to the vendor; or

(b) make an order for the specific delivery of all the
goods to the vendor and postpone the operation
of the order on condition that the purchaser or any
guarantor pays the unpaid balance of the hire-
purchase price or total purchase price, as the case
may be, at such times and in such amounts as the
Court, having regard to the means of the purchaser
and of any guarantor, thinks just, and subject to
the fulfilment of such other conditions by the
purchaser or a guarantor as the Court thinks just;
or

(c) make an order for the specific delivery of a part of
the goods to the vendor and for the transfer to the
purchaser of the vendor’s title to the remainder of
the goods.

(5 ) No order shall be made under paragraph (b) of
subsection (4) of this section unless the purchaser satisfies
the Court that the goods are in his possession or control at
the time when the order is made.

(6) The Court shall not make an order transferring
to the purchaser the vendor’s title to a part of the goods
unless it is satisfied that the amount which the purchaser has
paid in respect of the hire-purchase price or total purchase
price exceeds the price of that part of the goods by at least
one-third of the unpaid balance of the hire-purchase price
or total purchase price, as the case may be.

me inclusion of this page is authorized by LN. 248119751

34 HIRE-PURCHASE

(7) Where damages have been awarded against the
vendor in the proceedings, the Court may treat the
purchaser as having paid in respect of the hire-purchase
price or total purchase price, in addition to the actual
amount paid, the amount of the damages, or such part
thereof as the Court thinks fit, and thereupon the damages
shall accordingly be remitted either in whole or in part.

(8) In this section the expression “order for the
specific delivery of the goods” means an order for the
delivery of the goods to the vendor without giving the
purchaser an option to pay their value, and the expression
“price” in relation to any goods means such part of the
hire-purchase price or total purchase price as is assigned to
those goods by the note or memorandum of the agreement,
or, if no such assignment is made, such part of the hire-
purchase price or total purchase price as the Court may
determine.

(9) If at any time before the hearing of an action to
which this section applies the vendor has recovered
possession of a part of the goods, the references in
subsection (4) to all the goods shall be construed as
references to all the goods which the vendor has not
recovered, and, if the parties have not agreed upon an
adjustment of the hire-purchase price or total purchase
price in respect of the goods so recovered, the Court may
for the purposes of paragraphs (b) and (c) of subsection (4)
make such reduction of the hire-purchase price or total
purchase price and of the unpaid balance thereof as the
Court thinks just.

Effect of

of perathan an

order for
specific
delivery Provided that-
of goods
to tbc
owner.

28.41) While the operation of an order for the specific
delivery of goods to the vendor is postponed under section
27, the purchaser shall be deemed to be a bailee of the goods
under and on the terms of the vending agreement :

postpone-

p l c inclusion of tbia page ia authorized by L N. 248/ 19751

HIRE-PURCHASE 35

(U) no further sum shall be or become payable by the
purchaser or a guarantor on account of the unpaid
balance of the hire-purchase price or total purchase
price, except in accordance with the terms of the
order; and

(b) the Court may make such further modification of
the terms of the vending agreement and of any
contract of guarantee relating thereto as the Court
considers necessary having regard to the variation
of the terms of payment.

(2) If while the operation of an order for the specific
delivery of the goods to the vendor is so postponed the
purchaser or a guarantor fails to comply with any condition
of the postponement, or with any term of the agreement as
varied by the Court, or wrongfully disposes of the goods,
the vendor shall not take any civil proceedings against the
purchaser or guarantor otherwise than by making an appli-
cation to the Court by which the order was made :

Provided that, in the case of a breach of any condition
relating to the payment of the unpaid balance of the hire-
purchase price or total purchase price, it shall not be
necessary for the vendor to apply to the Court for leave
to execute the order unless the Court has so directed.

(3) When the unpaid balance of the hire-purchase
price or total purchase price has been paid in accordance
with the terms of the order, the vendor’s title to the goods
shall vest in the purchaser.

(4) The Court may at any time during the post-
ponement of the operation of such an order as aforesaid-

(a) vary the conditions of the postponement, and
make such further modification of the vending
agreement and of any contract of guarantee
relating thereto as the Court considers necessary
having regard to the variation of the conditions of
the postponement;

inclusion of this page is authorized by L.N. 24811975l

36 HIRE-PURCHASE

(b) revoke the postponement;
(c) make an order in accordance with the provisions

of section 27, for the specific delivery of a part of
the goods to the vendor and for the transfer to
the purchaser of the vendor’s title to the remainder
of the goods.

~~~~~~~r
the Court tu
deal wilh
payments
arising on
determina-
lion of
vending
amcements.

2 9 . 4 1 ) Where a vending agreement validly provides for
the payment by the purchaser on or after the determination
of the agreement or (as the case may be) the bailment, of
such sum as, when added to the sums paid and the sums
due in respect of the hire-purchase price or total purchase
price before the determination, is equal to a fixed amount,
and a claim is made in respect of any such sum in an
action to which section 27 applies, then-

(a) if the Court makes an order for the specific delivery
of a part of the goods to the vendor and the
transfer to the purchaser of the vendor’s title to the
remainder of the goods, the claim shall be dis-
allowed;

(bl if the Court postpones the operation of an order
for the specific delivery of the goods to the vendor,
it shall not entertain the claim unless and until the
postponement is revoked, and shall then deal with
the claim as if the agreement had just been
determined.

(2) Where the purchaser or a guarantor has paid or
has been ordered to pay any such sum as aforesaid, and the
vendor subsequently seeks to recover the goods in an action
to which section 27 applies, the Court may treat the said
sum as a sum paid or payable, as the case may be, in respect
of the hire-purchase price or total purchase price, as the
case may be.

[The inclusion of thii page is authorized by L.N. 248119751

HIRE-PUUCHASE 37

30.-(1) Where pursuant to section 25 a vendor has Distress
served on a purchaser the prescribed notices, the goods to bankruptcy.
which such notices relate shall not be treated for the pur- 2nd Sch,
poses of section 105 of the Bankruptcy Act, as goods which
are by the consent or permission of the vendor in the posses-
sion or disposition of the hirer or buyer.

the Court has postponed the operation Qf an order for
the specific delivery of goods to any person, those goods
shall not, during the postponement, be treated for the pur-
poses of section 105 of the Bankruptcy Act, as goods which
are by the consent or permission of the vendor in the posses-
sion or disposition of the hirer or buyer.

for rent and

151 1979

(2) Where under the powers conferred by section 27 15/1979
2nd Sch.

(3) At any time-
(a) after the termination of a hire-purchase agreement

or conditional sale agreement, or
(b) after the owner or seller under such an agreement,

having a right to recover from the hirer or buyer
'goods which have been let or agreed to be sold
under the agreement, has begun an action to en-
force that right,

the goods let or agreed to be sold under the agreement, or
the goods claimed in the action, as the case may be, shall
(notwithstanding that the Court in any such action post-
pones the operation of an order for the specific delivery of
goods to the owner or seller) not be treated as goods com-
prised in that agreement for the purposes of section 105 1511979
of the Bankruptcy Act. 2nd Sch.

31. If, whilst by virtue of this Act the enforcement by Purcharcr's
refusal to a vendor of a right to recover possession of goods from a sumender

purchaser is subject to any restriction, the purchaser refuses 'Ot
to give up possession of the goods to the vendor, the conversion .

In ccitain
caxs. IThs inclosion af this page id a u t h o w by L.N. 57/19801

Y

38 HIRE-PURCHASE

purchaser shalI not by reason only of the refusal, be liable
to the owner for conversion of the goods.

of 32.-(I) Where goods have been let under a hire-purchase
agreement or have been agreed to be sold under a con-
ditional sale agreement and the vendor-

(a) brings an action to enforce a right to recover
possession of the goods from the purchaser; and

(b) proves in that action that after the right to recover
possession of the goods accrued, but before the
action was begun, he made a request in writing to
the purchaser to surrender the goods,

then for the purposes of the claim of the vendor to recover
possession of the goods, the possession of them by the
purchaser shall be deemed to be adverse to the vendor.

(2) Nothing in this section shall affect a claim for
damages for conversion.

adverse

of good%
detention

Appropria-

payments. respect of-
33.-(1) Where a purchaser is liable to make payments in tion of

(a) two or more hire-purchase agreements; or
(6) two or more conditional sale agreements; or
(c) one or more hire-purchase agreements and one or

more conditional sale agreements,
and he is liable to make those payments to the same vendor,
he shall be entitled, on making any payment in respect of
the agreements which is not sufficient to discharge the total
amount then due under all the agreements, to appropriate
the sum so paid by him in either of the ways mentioned in
subsection (2).

(2 ) The purchaser may appropriate the sum in
question-

(a) in or towards the satisfaction of the sum due under
any one of the agreements; or

[The inclusion of this page is authorized by L.N. 57/1980]

HIRE-PURCHASE 39

(b) in or towards the satisfaction of the sums due
under any two or more of the agreements in such
proportions as he thinks fit.

(3) If a purchaser fails to make any such appropria-
tion, the payment shall, by virtue of this subsection, be
appropriated towards the satisfaction of sums due under
the several agreements resnectively in the proportions which
those sums bear to one another.

(4) The provisions of this section shall have effect
notwithstanding any agreement to the contrary.

34. Where a vendor has agreed that any part of a hire- Payment
otherwise purchase price or total purchase price may be discharged thanm

otherwise than by payment of money any such discharge money.
shall be deemed to be a payment of that part of the hire-
purchase price or total purchase price for the purpose of
sections 13, 15 and 19 (which relate to liability of vendor to
supply information to purchaser and the liability of a
purchaser giving notice of termination).

PART IV. Application of this Act to prescribed bills

35. In this Part “consumer’s bill of sale” means any :;grrg
of sale

document which is a bill of sale as defined under section 2 Part.
of the Bills of Sale Act, not being-

(a) a document the subject matter of which includes-
(i) any part of the stock in trade; or
(ii) any plant or equipment,

of a trade, business or calling; or
(b) a document made or given to a bank for a debt

incurred for a purpose other than the purchase of
the subject matter of such document.

Whe inclusion of lhis page ;s authorized by L.N. 57/1980]

40 HIRE-PURCHASE

Exclusionof 36. The provisions of the Bills of Sale Act shall, from
billsofsale and after the 1st October, 1974, have no application to con-
provisions of sumers’ bills of sale.

consumed

from the

the Bills of
Sale Act.

Application
of provi-
sions of
this Act to
consumed
bills of sale.

37. The provisions of sections 7, 13, 16, 17, 22, 24, 25
and 26 of this Act shall apply to consumers’ bills of sale in
like manner as if-

(a) the person to whom such bill of sale is granted
were a vendor of the goods, the subject matter of
the bill of sale;

(b) the person granting such bill of sale were a pur-
chaser of such goods; and

(c) the document constituting the bilI of sale were a
conditional sale agreement.

PART V. Supplementary
38.-(1) The Minister may make regulations required by

this Act to be made or as the Minister may consider
necessary or desirable generally for the better carrying into
effect of the provisions of this Act.

Regulations.

(2) Without prejudice to the generality of subsection
(1) the Minister may by such regulations-

(a) prescribe any matter which may be or is required
to be prescribed under the provisions of this Act;

(b) amend, repeal or replace any Schedule to this Act;

(c) regulate the times at which and the manner
in which goods may be repossessed by a vendor

flhe inclusion of this page is authorized by L.N. 57/1980]

HIRE-PURCHASE

and the amount of charges which may be made
in relation thereto;

(d) prescribe for the licensing of persons to be em-
ployed in effecting the repossession of goods.

(3) Any regulations made under this section shall
be subject to negative resolution.

41

Fhe inclusion of thk wgc ill authorid by L.N. 57/19801

42 HIRE-PURCHASE

FIRST SCHEDULE (Section 3)

The Hire-purchase (Advertisement) Regulations, 1974

Citation. 1. These Regulations may be cited as the Hire-purchase (Advertise-
ment) Regulations. 1974.

Interpre
tation.

2.41) In these Regulations-
“advertisement” includes any visual form of advertising (whether

or not accompanied by spoken words orother sounds), whether
in a publication, or by the display of notices, or by means of
catalogues. price lists. cards or other dwuments, or by the
exhibition of cinematograph films or photographs, or by way
of television, or in any other way, but does not include any
form of advertising consisting only of spoken words, with or
without other sounds;

“deposit” includes any initial payment to be made before or at the
time of entering into an agreement;

“directly expressed” means expressed (whether in words or Sgures
or both) otherwise than as a fraction of. or by reference to,
some other amount;

“disposal”, in relation to goods, includes-
(U) the disposal of the ownership of the goods or of any

proprietary interest in them, or of the tight to possession
of the goods; and

(b) the disposal of the possession of the goods, whether or
not accompanied by any disposal of the ownership of
the goods, or of any proprietary interest in them, or of
the tight to possession of them:

“fraction” includes a proportion expressed as a percentage or in

“goods” includes vehicles, vessels, aircraft and animals, and

(2) In the case of any advertisement contained in a Cinematograph

(U) for the purposes of regulation 3, and for the purpose of deter-
mining under regulation 4 whether the advertisement contains
details of payments in respect of any goods, anything included
in any spoken words or other sounds by which the advertise-
ment is accompanied shall be taken to form part of the
advertisement;

(b) for the purposes of regulation 4. other than the purpose men-
tioned in sub-paragraph (U) of this paragraph, information
shall be taken not to be included in the advertisement unless
it is contained in it in a visual form;

(c) in determining, for the purposes of paragraph (1) of regulation
4 whether each part of the information required by that
regulation is displayed clearly in the advertisement, in such

any other way;

generally includes anicles of any description.

film or in a television programme-

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HIRE-PURCHASE 43

a way as not to give undue prominence to any part of it in
comparison with any other part, regard shall be had to the
length of time for which the advertisement is displayed (or, if
different parts of the advertisement are displayed successively,
to the length of time taken by each of them and to the aggre-
gate length of time taken by them all) as well as to the contents
of the advertisement.

(3) For the purposes of these Regulations it is immaterial whether
any information included in an advertisement does or does not cor-
respond with the terms on which goods to which the advertisement
relates are in fact disposed of; and accordmgly-

(U) for the purposes of paragraph (2) of regulation 3. and of
paragraph (4) of regulation 4, an advertisement shall be taken
to specify the amount of a deposit or instalment if i t specifies
an amount as being the amount of the deposit or instalment
in question; and

(b) in so far as any provision of these Regulations requires in-
formation as to an amount or number, or the length of a
period, to be included in an advertisement. that provision
(subject to compliance with any requirement of these Regula-
tions as to the manner in which any such information is to
be expressed or displayed) shall be taken to be complied with
if the advertisement specifies an amount or number, or length
of period, as being the amount or number in question, or the
length of the period in question, as the case may be.

3 . 4 1 ) These Regulations apply to any advertisement of any goods Advcrtise-
as being goods available for disposal by way of hire-purchase or credit merits to
sale or conditional sale, if the advertisement includes any one or more $ ‘ ~ ~ $ ~ ~ s
of the elements mentioned in paragraph (2) and is not an advertisement apply.
falling within paragraph (3).

(2) The said elements are-
(U) an indication that a deposit is payable, consisting of or in-

cluding either an indication of the amount of the deposit or
an indication that it is a fraction specified in the advertise-
ment, whether the amount of which it is a fraction is specified
in the advertisement or not;

(b) words indicating that no deposit is payable: . .
(c) an indication of the amount of any one or more of the icstal.

ments payable.

(3) An advertisement of goods as being goods available for clis-
posal by way of credit sale is not an advertisement to which these
Regulations apply, notwithstanding that it includes one or more of the
elements mentioned in paragraph (2). if-

@) it does not advertise any goods as being available for disposal
by way of hire-purchase or conditional sale: and

IThe inclusion of this page is authorized by L.N. 248/197s]

44 HIRE-PURCHASE

(bj the terms of credit sale set out in the advertisement are such
that no single article could be disposed of in accordance with
those terms at a total price exceeding $20.00.

4.+1) An advertisement to which these Regulations apply shall not
be displayed or issued unless it includes all the information required by
these Regulations, and each part of that information is displayed clearly
in the advertisement, in such a way as not to give undue prominencc
to any part of it in comparison with any other part.

(2)Where an advertisement contains details of payments in respect
of any goods, then, in so far as it relates to those goods, the information
required by this regulation is the following, that is to say-

Inforrna-
lion to be

in adver-
tiSemcntS
to which

lations
apply.

lhese Regu-

(a) either-
(i) the amount of the deposit directly expressed; or
(iij a statement that the amount of the deposit is a fraction

specified in the advertisement of a sum the amount of
which is directly expressed therein; or

(iii) a statement that no deposit is payable;
(b) the amount of each instalment directly expressed :
(c) the total number of instalments payable;
(4 the length of the period in respect of which each instalment

is payable;
( e ) if any instalments are payable before delivery of the goods.

the number of instalments so payable; and
(0 a sum stated as the cash price of the goods.
(3) In so far as an advertisement to which these Regdations apply

relates to goods in respect of which the advertisement does not contain
details of payments, the information required by this regulation is that
specified in paragraph (2), subject to the following modiEcations, that
is to say-

(a) with regard to the deposit, the information required by this
regulation (instead of that specified in sub-paragraph (a) of
paragraph (2) ) is either-

(i) a statement that the amount of the deposit is a fraction
specified in the advertisement of a price or sum the
nature of which is clearly indicated in the advertise-
ment; or

(ii) a statement that no depdsit is payable: and
(6) sub-paragraphs (b) and (f) of paragraph (2) shall not apply.
(4) For the purposes of this regulation an advertisement shall be

taken to contain details of payments in respect of any goods. if it
specifies the amount of the deposit payable in respect of those goods,
or of any one or more of the instalments so payable, and that amount
is directly expressed in the advertisement.

(5) Without prejudice to the generality of paragraph (1). in the
case of an advertisement of goods-

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HIRE-PURCHASE 45

(a) as being goods available for disposal by way of hire-purchase
or conditional sale or credit sale; or

(b ) as being goods available for disposal in accordance with two
or more alternative schemes of hue-purchase or conditional
sale or credit sale,

the information required by these Regulations shall not be taken to be
displayed clearly in the advertisement if it is not displayed so as to
distinguish clearly between the information applicable to hire-purchase,
the information applicable to conditional sale and the information
applicable to credit sale, or as the case may be, so as to distinguish
clearly between the information applicable to each of the schemes of
hire-purchase or conditional sale or credit sale respectively.

SECOND SCHEDULE (Section 6)
PART A

Notice to be included in Hire-Purchme Agreement
Notice

1. The hirer may put an end to this agreement by giving notice of
termination in writing to any person who is entitled to collect or receive
the hire-rent.

2. He must then pay any instalments which are in amear at the time
when he gives notice. If, when he has paid those instalments, the total
amount which he has paid under the agreement is less than (here
insert the mininiurn amount applicable under section 19 of this Act) he
must also pay enough to make up that sum, unless the Court determines
that a smaller sum would be equal to the owner’s loss.

3. If the goods have been damaged owing to the hirer having failed
to take reasonable care of them, the owner may sue him for the amount
of the damage unless that amount can be agreed between the hirer
and the owner.

4. The hirer should see whether this agreement contains provisions
allowing him to put an end to the agreement on terms more lavour-
able to him than those just mentioned. If it does, he may put an end
to the agreement on those terms.

5. Unless the hiTer has himself put an end to the agreement. the
owner of the goods cannot take them back from the hirer without the
hirer’s consent unless the owner complies with the requirements of
Part 111 of the Act.

PART B
Notice to be included in Conditional Sale Agreement

Nolice
1. The buyer may put an end to this agreement by giviog notice of

termination in writing to any person who is entitled to collect or re-
ceive the instalments of the purchase price.

me lndusion of this page is authorized by L.N. 248/1975]

db HIRE-PURCHASE

2. He must then pay any instalments which are in arrear at the
time when he gives notice. If, when he has paid those instalments. the
total amount which he has paid under the agreement is less than (here
insert the minimum amount applicable under secrion 19 of this Act) he
must also pay enough to make up that sum, unless the Court deter-
mines that a smaller sum would be equal to the seller’s loss.

3. If the goods have been damaged owing to the buyer having failed
to take reasonable care of them, the seller may sue him for the amount
of the damage unless that amount can he agreed between the buyer
and the seller.

4. The buyer should see whether this agreement contains provisions
allowing him to put an end to the agreement on terms more favour-
able to him than those just mentioned. If it does, he may put an end
to the agreement on those terms.

5. Unless the buyer has himself put an end to the agreement, the
seller of the goods cannot take them back from the buyer without the
buyer’s wnsent unless the seller complies with the requirement of
Part III of the Act.

IThe inclusion of this page is authorized by L.N. B8/1975]
Read Entire Law on www.moj.gov.jm