Implied conditions and warranties in a hire purchase agreement

Conditions
Right to sell: Under sect 8(1) of the Hire purchase Act, there is an implied condition that the owner will have the right to sell the goods when property is to pass.
Fitness for purpose: Under sec 8 (2) of the Act, if the hirer expressly or implication makes known to the owner the particular purpose for which the goods are required, there is an implied condition that the goods will be reasonable fit for that purpose.
Merchantable Quality: Under section 8(1), except where the goods are second hand, and the contract so provides, there is an implied condition that the goods will be of merchantable quality.

 

Warranties
Quiet possession: Under section 8(1) of the Act there is implied warranty that the hirer shall have and enjoy quiet possession of the foods.

Free from charge of encumberance: under section 8 (1) of the Act, there is animplied warranty that the goods will be free from any charge of encumberance in favour of third party when property is to pass.

CPA Revision kits and past papers with answers

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