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Thursday, July 19, 2018

LEE V BUTLER

LEE V BUTLER

HIRE PURCHASE AND CONSUMER CREDIT - HIRE PURCHASE — FORMER LAW - THE HIRE PURCHASE TRANSACTION - THE NATURE OF THE TRANSACTION AT COMMON LAW - WHEN AGREEMENT TO BUY — FACTORS ACT 1889 (C 45) SS 29
An agreement was entered into between H a furniture dealer, and L who was referred to throughout as ‘the hirer,’ for the hire and purchase of certain chattels, and it was provided that ‘the hirer’ should pay to H ‘as and by way of rent for the hire and use’ of the chattels the sum of £1 on 6 May the further sum of £96 4s on 1 August. Other provisions forbade the hirer to remove the chattels, and it was declared that ‘no property or interest in the chattels should rest in the hirer until the whole of the payments of rent’ should have been actually made: Held the agreement was an agreement for purchase within s 9.

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