Question
(a) Elaborate two (2) differences and similarities between sale contracts and hire purchase contracts. (b) Explain the hirers right to require the owner to appropriate
(a) Elaborate two (2) differences and similarities between sale contracts and hire purchase contracts.
(b) Explain the hirers right to require the owner to appropriate payments made in hire-purchase (when more than one agreement is entered) and the right to terminate the hire purchase agreement. Give one example to your answer.
c) Mr Smart entered into a hire-purchase agreement with Strict Finance (SF) for a car valued at RM90, 000. The instalments were RM800 per month for nine (9) years. After using the car for seven (7) years, Mr Smart was unable to settle the monthly instalment as his business had deteriorated. He defaulted the instalments for January to February 2020. SF served a notice of repossession on the 1 March 2020. After receiving the notice from TF, Mr Smart struggled to settle the outstanding instalment for January and February. He borrowed some money from his best friend and planned to make a payment to SF on 10th March 2020. Unfortunately, on 7th March 2020, SF repossessed his car. Mr Smart was very disappointed with SFs action and claimed that SF did not follow the right procedure of repossession. Advise Mr Smart. Is your answer different if Mr Smart died on 10 March 2020? Support your answer with relevant sections and case law.
Advise Mr Smart. Is your answer different if Mr Smart died on 10 March 2020? Support your answer with relevant sections and case law.
(d) Assuming you are the owner in a hire-purchase transaction. Do you think this repossession procedure facilitates your dealings as an owner?
(e) In your opinion, does the Hire Purchase Act 1967 (Act 212) provide reasonable protection to the hirer?
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