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Topic > Law of Hire- 14 Purchase LEARNING OUTCOMES > INTRODUCTION Hire-purchase is part of the consumer credit. Consumer credits in Malaysia are governed by various statutes depending on the types of goods involved. For instance Moneylenders Act 1957, Pawn Brokers Act 1974, Banking and Financial Institutions Act 1989, Islamic Banking Act 1983, Insurance Act 1963, Takaful Act 1963 and Cooperative Societies Act 1948. Hire-purchase is basically a purchase through credit in which the hirer purchases by way of instalment. The owner (for instance a finance institution) will hire the goods to the hirer (purchaser) and the hirer has an option to return the goods and terminate the contract or to buy the goods upon completion of the agreed period. In Malaysia, the hire-purchase transaction is governed by the Hire-Purchase Act 1967. The Hire-Purchase Act provides for standard form of agreement for hire-purchase, regulates the rights and liabilities of the owner and hirer and procedures for repossession of the goods. 236 D> TOPIK14 LAW OF HIRE- PURCHASE 14.1 DEFINITION OF HIRE-PURCHASE In Section 2(1) of the Hire-Purchase Act 1967, hire-purchase is defined as, “a letting of goods with an option to purchase and an agreement for the purchase of goods by instalments (whether the agreement describes the instalments as rent or hire or otherwise), but does not include any agreement: (a) whereby the property in the goods comprised therein passes at the time of the agreement or upon or at any time before delivery of the goods; or (b) under which the person by whom the goods are being hired or purchased is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement.” The above provision explains that hire-purchase is: (a) Letting of goods with an option to purchase, and (b) An agreement for the purchase of goods by instalments. In hire-purchase, property in the goods does not pass at the time of the agreement, before delivery of the goods or at the time of delivery. In hire- purchase agreement, there would be a seller or dealer who offers the goods for sale to a purchaser. However this seller does not offer payment by instalment to the purchaser. Thus, the seller will sell the goods to a finance company which will subsequently hire the goods to the purchaser under the hire-purchase terms. Therefore there would be an original sale between a seller and and a finance company and a hire-purchase agreement between a purchaser and a finance company. TOPIK14 LAW OF HIRE- PURCHASE 4237 s MEANING OF GOODS UNDER THE HIRE t PURCHASE ACT 1967 The First Schedule of the Hire-Purchase Act 1967 lists down several types of goods that come within the meaning of goods under the Act, as follows: (a) Allconsumer goods. (6) Motor vehicles including, invalid carriages, motor cycles, motor cars including taxi cabs and hire cars, goods vehicles (the maximum permissible laden weight does not exceed 2540 kilograms), buses including stage buses. Can a purchaser purchase the goods according to the hire-purchase agreement under the Act even though the said goods do not fall within the above schedule? The answer is affirmative provided that both the owner and the hirer agreed to be bound by the Hire-Purchase Act 1967. On the other hand if they do not agree, the hire-purchase agreement shall be governed by the common law principles. This is due to the fact that the purchase of any other goods which do not fall within the ambit of the First Schedule is controlled by the common law principles. Under common law, the hire-purchase transaction is a form of contract in which the owner releases the goods to the buyer for hire-purchase with the option given to the buyer whether he wants to return the goods and terminate the contract or opt to purchase upon completion of payment of the said goods. 238 Ph TOPIK14 LAW OF HIRE- PURCHASE In the case of Tractors Malaysia Bhd v Kumpulan Pembinaan Malaysia ‘Sdn. Bhd. (1979 1 MLJ 129, the appellant and the respondent had entered into an agreement to purchase a tractor. According to the agreement, the appellant agreed to hire the said tractor to the respondent subject to terms and conditions of the agreement and the Hire-Purchase Act 1967. The respondent had paid the deposit but it had defaulted in making instalment payments. Consequently, the appellant took possession of the tractor. The respondent then paid all the instalments due and other incidental costs, but the respondent had again defaulted in making payments. The appellant claimed || for the balance of the amount the respondent had to pay including costs and damages. The respondent paid all the amount claimed by the appellant and the ownership of the tractor had been transferred to the respondent's name. The respondent contended that the agreement between the respondent and the appellant was not a hire-purchase but an ordinary sale of goods. Therefore, the appellant's action in taking, possession of the tractor when the respondent defaulted in making instalment payments was against the law. The Court held that: On a proper construction of the agreement, it was clearly the intention of the parties that the property in the tractor was not to pass until full payment is made. Thus it was not a sale on instalment terms but more in the nature of a hire-purchase. The appellant therefore had the right to repossess the tractor on breach of the terms of the agreement by the respondent. FORMATION OF THE HIRE-PURCHASE AGREEMENT The formation of a hire-purchase agreement (Refer to Figure 14.1) shall cover three different stages, as follows: (a) Pre-contractual obligations; (b) Construction of a hire-purchase agreement; (©) Post-contractual obligations TOPIK 14 LAW OF HIRE- PURCHASE 4 239 conn Fact “*!obeay, FORMATION OF HIRE PURCHASE CONTRACT s oo G oor Ly ty FSF eco Ore hp Senge Figure 14.1: Formation of hire-purcased content 14.3.1 Pre-contractual Obligations Section 4(1) of the Hire-Purchase Act 1967 requires an owner to give a prospective hirer a written statement in accordance with the form set out in the Second Schedule. In case of a dealer, the schedule requires information on the description of goods and a summary of the financial obligations of the prospective hirer. Under Section 4(3), he is not obliged to enter into a transaction and therefore is not bound to make any payment for the preparation or service of such statement. According to section 4(4), failure to observe the obligations shall render the hire-purchase agreement void. 14.3.2 Construction of a Hire-Purchase Agreement Section 4A(1) of the Hire-Purchase Act 1967 clearly states that any hire-purchase agreement must be in writing. Hence, failure to observe this requirement would render the agreement void and the owner will be guilty of an offence. Section 4B(1) of the Hire-Purchase Act 1967 requires a hire-purchase agreement to be signed by or on behalf of all parties to the agreement. It is important that the hirer must not sign a blank form as the requirement under Section 4B(1), “No 240 > TOPIK14 LAW OF HIRE- PURCHASE owner, dealer, agent or person acting on behalf of the owner shall require or cause any intending hirer or his agent to sign a hire-Purchase agreement or any other form or document relating to a hire-purchase agreement unless such hire- purchase agreement, form or document has been duly completed.” According to Section 4B(3) of the Hire-Purchase Act 1967, failure to comply with the above requirements shall render the agreement void. Section 4C(1)(c) of the Hire-Purchase Act 1967 further provides the following informations to be included in the hire-purchase agreement and failure to comply with it will render the agreement void: (a) Date of the commencement of hiring; (b) Number of instalments to be paid by the hirer; (©) Amount of each instalment; (d) Time for payment for each instalment; (e) Description of the goods; and (8 Address where the goods are kept. According to section 4C(1)(b), if any part of the consideration is in the form of other than cash money, the description of such consideration shall be stated in the agreement. Besides that, the hire-purchase agreement must include a table with the following particulars: (a) Cash price of the goods; (b) Amount of deposit paid in cash and other type of consideration given (other than cash); (0) Delivery cost; (a) Payment for vehicle (if any); (e)_ Insurance; (6 Total amount in (a) to (e) above, less the deposit; (g)_ Term charges; (h) Annual percentage rate for term charges; () Total amount in (f) and (g), (the balance originally payable under the agreement); and (j) Total amount payable. TOPIK 14 LAW OF HIRE- PURCHASE 4 241 If there are more than one goods, Section 4D(1) of the Hire-purchase Act 1967 requires a separate hire-purchase agreement to be prepared for every item. Failure to observe the requirement will render the agreement void under Section 4D(2) 14.3.3 Post-Contractual Obligations Section 5(1) of the Hire-Purchase Act 1967 requires a copy of the hire-purchase agreement to be sent to the hirer and guarantors (if any) within fourteen days after it is made. Otherwise according to Section 5(1A), such agreement will be unenforceable by the owner. As required under Section 5(3), if any part of the total amount payable consists of an amount paid or to be paid under a policy of insurance, the owner must serve on the hirer a copy of the insurance payment receipt. The owner must also serve a copy of the policy within seven days of its receipt. Whats the meaning of hire-purchase? How is a hire purchase agreement different from an ordinary contract of sale of goods? How do you describe the relationship between all parties involved in the hire purchase agreement? What is the importance of hire purchase as one of the consumer credits in Malaysia? What are the types of goods that fall within the First Schedule of the Hire Purchase Act 1967? What are the important requirements for the formation of a hire Purchase agreement? 14.4 RIGHTS AND PROTECTIONS OF HIRERS Once a hire-purchase agreement has been concluded in accordance with the requirements of the Hire-Purchase Act 1967, a hirer shall enjoy rights and protections that are available under the statute. Those rights and protections derived from the implied conditions and warranties as to the goods hired. This is provided in Section 7 of the Hire-Purchase Act 1967. In general, the implied 242) TOPIK14 LAW OF HIRE- PURCHASE conditions and warranties are similar to the implied conditions and warranties contain in Section 14, 15 and 16 of the Sale of Goods Act 1957. 14.4.1 Implied Conditions Under the Hire-Purchase Act 1967, the followings are the implied conditions to be observed in a hire-purchase agreement: (a) The owner has the right to sell the goods at the time when the property is to pass (Section 7(1)(b)). (b) The goods sold to the hirer must be of merchantable quality (Section 7(2)). There is no definition of merchantable quality under the Hire-Purchase Act 1967 but it means the same as Section 16 of the Sale of Goods Act 1957. However, the condition of merchantable quality shall not be implied under the following situations: (i) Where the hirer has examined the goods or a sample and the examination ought to have revealed the defects; (ii) _ If the goods are used items (second-hand goods) and the agreement contains a statement that the goods are second-hand and all conditions and warranties as to quality are expressly negated; and (iii) | The owner proves that the hirer has acknowledged in writing that the statement was brought to his notice. (0) The goods must be fit for the hirer’s purpose (Section 7(3)). The implied condition as to fitness shall not apply to second-hand goods and where exclusion of the implied conditions and warranties as to fitness is expressly spelt out in the agreement. 14.4.2 Implied Warranties The implied warranties to be observed in a hire-purchase agreement are as follows: (a) The hirer must enjoy quiet possession of the goods (Section 7(1)(a)). Similar to Section 14(b) of the Sale of Goods Act 1957, quiet possession includes interference by the seller and interference arising from lawful acts of third parties. TOPIK 14 LAW OF HIRE- PURCHASE 4243, (b) The goods are free from any charge or encumbrance created by the owner in favour of any third party (Section 7(1)(c)). 14.5 LIABILITY OF OWNER AND DEALER FOR MISREPRESENTATION Apart from the above rights and protections, a hirer is also entitled to claim against the owner or any person making misrepresentation in the negotiations leading to the hire-purchase agreement. This is provided in Section 8 of the Hire- purchase Act 1967. This right of hirer cannot be excluded or limited by any contractual term. The remedies which the hirer may claim are the right to sue for damages against the dealer or its agent, and against the owner, the right to rescind the hire-purchase agreement. The owner is however entitled to be indemnified by the agent or dealer responsible for a misrepresentation. 14.6 STATUTORY RIGHTS OF THE HIRER Section 9 to 15 of the Hire-Purchase Act 1967 laid down statutory rights of a hirer under the hire-purchase agreement. The rights are summarised in the table 9.1 below: Table 9.1: Summary of statuary rights of hirer Section9 | Right toa copy of statement of financial position A hirer has a right to request (in writing) the owner to supply him (within fourteen days) a statement containing the following: (a) _ the amount paid to the owner by the hirer; (b) the amount due to the owner; (©) the amount payable under the hire-purchase agreement; and (d) _ the amount derived from interest on overdue instalments. ‘The request must be made in writing and the statement must be supplied by the owner to the hirer within fourteen days after the request is received. Failure of the owner to comply with the provision without reasonable cause will deny the owner's right to enforce the followings: (a) The agreement against the hirer; (b) Any right to recover the goods from the hirer; (©)__ Any contract of guarantee relating to the agreement. 244) TOPIK14 LAW OF HIRE- PURCHASE Section 10 | Right to appropriation of payment when more that one agreement A hirer has a right to appropriate payments when he has more than one agreement, and the payment is insufficient to discharge the total amount due. In such circumstance, a hirer has a right to instruct payment to a particular agreement or make payment to any two or more agreements in such proportion as he thinks fit. If there is no instruction by the hirer, payment is to be appropriated to satisfy the payment due. Section 11 | Right to apply for an order to remove goods A hirer is obliged to keep the goods in a place mentioned in the agreement. However a hirer, may seek a permission to move the goods to another location by applying to a Magistrate for an order to remove the goods to the new place. Section 12 | Right to assign hirer’s rights under the agreement A hirer may assign his rights, title and interest under a hire-purchase agreement with the consent of an owner, or without his consent, if it is unreasonably withheld. However, prior to that the owner may require that: (a) All defaults under the agreement be made good; and (b) The hirer and the assignee to execute and deliver an assignment whereby the assignee is personally liable to: i Pay the balance of the instalments; ii Observe all conditions of the hire-purchase agreement; and iii Pay reasonable costs incurred by the owner in stamping or registering the assignment agreement. Section 13 | Passing of right by operation of law Upon the death of a hirer, all his right, title and interest under the hire- purchase agreement shall pass to his personal representative who shall comply with the agreement. Section 14 | Right to early completion of agreement A hirer has a right to make early settlement of the full purchase price under the hire-purchase agreement provided that the hirer: (a) Gives a written notice to the owner of his intention; and (b) Pays the owner the ‘net balance’ due under the agreement. The ‘net balance’ due refers to the balance payable under the agreement less: i the total amount already paid; ii the statutory rebate for term charges; and the statutory rebate for insurance (if any). TOPIK 14 LAW OF HIRE- PURCHASE 4245, Section 15 | Right to terminate the agreement If the hirer cannot afford to proceed with the instalment payment, he may terminate the hire-purchase agreement by returning the goods to the owner: (a) at the owner's usual place of business; or (b) at any other place specified for that purpose in the agreement; or (©) ata place mutually agreed by the parties; or (a) ata place fixed by the court (upon application by the hirer to the Magistrate). Upon termination of the agreement, the hirer may: (a) Introduce a buyer who will pay in cash at a price agreeable to the owner; or (b) Recover part of his payments where the value of the goods is more than the balance outstanding under the agreement; or (©) Must pay the owner the difference in sum, if the value of the goods is less than the balance outstanding under the agreement. _ REPOSSESSION OF GOODS BY THE OWNER According to Section 16 of the Hire-Purchase Act 1967, the owner has the right to repossess the goods from the hirer under the following events: (a) When the hirer has defaulted in making payments for two consecutive months; or (6) When the hirer has defaulted in making the last payment. The Act lays down certain procedures that require mandatory compliance. Failure to observe such procedures gives the right to the hirer to challenge the validity of the repossession by the owner. 14.7.1 Procedures Prior to Repossession Even though the owner has the right to repossess the goods upon occurrence of any of the above situations, the owner has to comply with certain procedures as clearly provided by the Hire-Purchase Act 1967, as follows: 246 D> TOPIK 14 LAW OF HIRE- PURCHASE Service of Fourth Schedule notice (Section 16(1)). Before the owner proceeds with the repossession, the owner must serve a Fourth Schedule notice to the hirer. The notice period must not be less than twenty one days after the service of the said notice. If the hirer fails to act within the period, the owner will have the right to repossess. Section 43 of the Hire-Purchase Act 1967 stipulates that the service may be done by way of personal service or registered post to the last written address or by substituted service. Exception to the requirement of Fourth Schedule notice. According to Section 16(2) of the Hire-Purchase Act 1967, the service of the Fourth Schedule notice is not necessary if the owner has reasonable ground to believe that the hirer will conceal or remove the goods to another place unknown to the owner. In the case of death of the hirer, under Section 16(1A), the owner can repossess the goods after there have been four consecutive defaults of payment. In Public Prosecutor v Mohamed Nor (1988), the accused was a hirer under the hire-purchase agreement with the Finance Company of KUBB. The hirer defaulted in making monthly instalment and the KUBB had assigned its agent to repossess the car from the hirer without issuing any 4th Schedule Notice to him. The agent introduced himself to the hirer and informed the hirer of his intention but the agent had been forced to leave the house of the hirer. At that time the hirer was holding a piece of sword and another piece of weapon in his hands. Held: The act of KUBB to repossess the car without giving any 4th Schedule Notice was considered as invalid procedure under section 16(1) of the Hire-Purchase Act 1967. (b) (© TOPIK 14 LAW OF HIRE- PURCHASE 4247 In Pang Brothers Motors Sdn Bhd v Lee Aik Seng 1978] 1 MLJ 179, the appellant repossessed the car purchased by the respondent through hire- purchase. The notice of repossession has been served two days less of the required notice period under section 16(1) of the Hire-Purchase Act 1967. In United Manufacturers Sdn. Bhd. v Sulaiman bin Ahmad &Anor [1989] 1 MLJ 482, the hirer contended that the 4th Schedule Notice under section 16(1) has ceased to have effect. This was due to the repossession that has been effected only after 2 years after the service of notice to the hirer. Held: The Hire -Purchase Act 1967 did not specify any time limit within which an owner must repossess goods after the service of the notice. Notice under Rule 3 of the Hire-Purchase (Recovery of Possession and Maintenance of Records by Owners) Regulation 1976. The court held that. The notice which was served less than twenty one days before repossession was invalid. After fourteen days of the service of the Fourth Schedule notice, a notice under Rule 3 of the Regulation shall be served on the hirer. This notice is intended to inform the intention of the owner to take possession of the goods. Failure to issue this notice is an offence under Rule 9 of the Regulation. Compliance or non-compliance of the hirer to the notice (Section 16A). If the hirer returns the goods or voluntarily surrender the goods within twenty one days of the Fourth Schedule notice, the hirer shall not be liable for the cost of repossession, cost incidental to repossession and cost of storage. 14.7.2 Procedures during Repossession There are certain procedures that the owner must comply whenever approaching the hirer for repossession, as follows: 248 > TOPIK 14 LAW OF HIRE- PURCHASE (b) Personal service of a document acknowledging receipt of the goods (Section 16(4)). After the goods had been repossessed by the owner, he must prepare a short description of the goods and the date, time and place where the repossession of the goods had taken place. Rule 4 of the Hire-Purchase (Recovery of Possession and Maintenance of Records by Owners) Regulation 1976. Rule 4 lays down the following procedures to be observed by the owner: (i) _ If the repossession is being carried out by the owner personally, he must produce and show his identity card and provide the name and address of the company, firm, body or organisation to which he belongs, to the hirer, his servant or agent or occupant or person who is in possession of the goods; or (ii) If the repossession is being carried out by the owner's agent or servant, such an agent or servant must likewise produce and show his identity card and also his authority card to the hirer, his servant or agent or person who is in possession of the goods. 14.7.3 Procedures after Repossession (Rights of the Hirer after Repossession) The followings are the rights of the hirer after repossession ( Refer to Figure 14.2): (a) (b) The service of Fifth Schedule notice (Section 16(3)). Within twenty one days after repossession, the owner is required to serve the Fifth Schedule notice on the hirer and every guarantor (if any). The purpose of this notice is to inform the hirer of his rights after repossession. Recovery of goods by the hirer (Section 18(1)(a)(i)). Within twenty one days of the service of the Fifth Schedule notice, the hirer may give a written notice to the owner to request the owner to redeliver the goods that have been repossessed. The goods may be redelivered to the hirer upon payment of the amount due by the hirer to the owner or when the hirer had remedied any breach of the agreement or had paid the owner the costs and expenses incurred by the owner in remedying the breach TOPIK 14 LAW OF HIRE- PURCHASE 4249 (c) Restriction of selling or disposal of goods on the owner (Section 17). Without the consent of the hirer, the owner cannot sell or dispose the goods until the expiration of the twenty one days notice in the Fifth Schedule. (d) Introduction of cash buyer (Section 18(1)(a)(ii)). The hirer can require the owner to sell the goods to a cash buyer introduced by the hirer by giving a written notice to the owner. (c) Recovery of part of hirer’s payment (Section18(b)). The hirer has the right to recover the difference in sum where the value of the goods repossessed exceeds the money owed. (f) Notice of auction (Section 18(4)(a)). A notice must be given to the hirer if the owner intends to sell the goods repossessed through public auction. (g) Option to purchase (Section 18(4)(b)). The hirer shall be given an option to purchase where the owner intends to sell the goods repossessed otherwise than by public auction, at a price less than the owner's estimated value. 7 Note Under 3 AP Scho nice (rom owner) (hom owner he) Section 16(4) Rule 4 of Hire Purchase 4p —_| A aeaae | jfore Reposession———F a apt ere ater (21 days) ag rosoneeson és (cotrtonen 463) Conn nenceneac tt 3§—During Reposession— Figure 14.2: Timeline for the normal procedure of repossession by owner. Se —eumno fa possessed 9 time 14.8 INSURANCE According to Section 26(1) of the Hire-Purchase Act 1967, the owner has to take the insurance cover in the name of the hirer for the goods under the hire- purchase agreement. For motor vehicles, the obligation of the owner to take 250 TOPIK14 LAW OF HIRE- PURCHASE insurance cover is for the first year of the agreement. For the following years, the hirer is under the duty to insure (Section 26(2)). For other goods, the cover is taken out throughout the duration of the goods remain under hire-purchase. For renewal of motor vehicle insurance, a hirer must inform the owner that he has renewed the policy not less than fourteen days before its expiry (Section 26(5)). If the hirer fails to renew the policy, the owner may proceed to insure the motor vehicle and the hirer must bear the cost (Section 26(6)).. What are the implied terms contained in a_hire-purchase agreement? Under what situation is a condition of merchantable quality not implied in hire-purchase? What are the rights of a hirer against a dealer or an owner who makes a misrepresentation? What are the statutory rights of a hirer under the hire-purchase agreement? What are the situations that give the right to the owner to Tepossess goods under hire-purchase? Can the owner repossess goods from the hirer without giving notice? Why? Is the service of notice of repossession under the Fourth and Fifth Schedule mandatory? What are the rights of a hirer after repossession? What is the effect of non-compliance of the repossession procedures laid down under the Hire-Purchase Act 1967? TOPIK 14 LAW OF HIRE- PURCHASE 4251 CES Discuss the following questions: (a) Explain the procedures for the repossession of goods under a hire purchase agreement as provided in the Hire-Purchase Act 1967. (b) Ashraf has just started working with a new company after his employment was terminated from the previous company for reason of retrenchment. Three months before he was terminated, he bought a car from Citra Merdeka Cycle & Carriage and for the purpose of financing, Ashraf obtained a loan from Jimat Kira Finance Berhad. Ashraf had no problem of paying the instalment of the car until the end of February 2007, when he was retrenched. Due to his financial difficulty, Ashraf has defaulted in making two monthly instalments of the car. As a result of the default in payment, without any notice, JJ was sent by Jimat Kira Finance to Ashraf’s house to repossess his car. Ashraf in upholding his right showed JJ his ‘parang’ and said, “Get out or you'll die”. Discuss whether Ashraf has the right to evict J. (c) Zakri, a clerk was terminated from his company 2 months ago. Since then, Zakri had no other financial means and was unable to pay the monthly instalments for his Myvi car. One day, while Zakri was driving his car, three men stopped him. They claimed that they were instructed by Zakri’s financier to repossess the car on his failure to pay the monthly instalments due. Zakri was shocked and immediately surrendered the key of the car to the three men. The three men told Zakri that if he wanted to claim for his car, he had to settle the instalment arrears to the financier. Zakri managed to borrow money from his friend for the settlement of the arrears. Unfortunately, he was informed by the financier that his car had already been sold to Ali. Discuss the legality of the repossession and the sale of the car to Ali. 252 Ph TOPIK14 LAW OF HIRE- PURCHASE The hire-purchase transaction in Malaysia is governed by the Hire-Purchase Act 1967. ‘* Notall types of goods fall under a hire-purchase agreement. ‘© There are certain formalities and procedures to be observed in constructing a valid hire-purchase agreement. © There are conditions and warranties implied in a hire-purchase agreement. * Ahire-purchase agreement must be in writing. ¢ A copy of the hire-purchase agreement must be served on the hirer and guarantor within fourteen days after it is made. * The owner must have right to sell the hire-purchase goods at the time when the property is to pass. «The hire-purchase goods sold to the hirer must be of merchantable quality. * The hire-purchase goods must be fit for the hirer’s purpose. * The hirer must enjoy quiet possession of the hire-purchase goods. * The hire-purchase goods must be free from any charge or encumbrance. © Ahiirer can sue for damages and rescind the hire-purchase agreement in cases of misrepresentation by the owner and dealer. * A hirer is entitled to the statutory rights under the Hire-Purchase Act 1967 once a hire-purchase agreement is concluded. * Default in payment of instalment by the hirer gives the owner the right to repossess the goods. * Repossession of goods in hire-purchase requires certain procedures to be followed by the owner. MTN cece cece cece eee Hirer-purchase Goods Owner Conditions Dealer Warranties Hirer Repossession TOPIK 14 LAW OF HIRE- PURCHASE 253, MARS REFERENCES | Text Books: Harlina Mohamed On & Rozanah Ab. Rahman. (2007). Undang-Undang Perniagaan Malaysia. Selangor: Kumpulan Usahawan Muslim Sdn. Bhd. Wu M.A. & Vohrah, B. (2000). The Commercial Law of Malaysia (2nd ed.). Selangor: Pearson and Longman. Cases: Pang Brothers Motors Sdn Bhd, v Lee Aik Seng [1978] 1 ML] 179 Public Prosecutor vy Mohamed Nor [1988] 3 ML] 119 Tractors Malaysia Bhd v Kumpulan Pembinaan Malaysia Sdn.Bhd. [1979] 1 MLJ 129 United Manufacturers Sdn. Bhd. v Sulaiman bin Ahmad & Anor [1989 MODULE FEEDBACK MAKLUM BALAS MODUL If you have any comment or feedback, you are welcome to: 1. E-mail your comment or feedback to modulefeedback@oum.edu.m: OR 2. _ Fill in the Print Module online evaluation form available on myVLE. Thank you. Centre for Instructional Design and Technology (Pusat Reka Bentuk Pengajaran dan Teknologi) Tel No. 03-27732578 Fax No.: 03-26978702 ‘in OPEN UNIVERSITY MALAYSIA Jalan Tun Ismail, 50480 Kuala Lumpur http://www.oum.edu.my

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