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In force2020 Revised Edition

Part 3 · Implied Terms

6A. Bailing or hiring by description

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(1)

Where under a hire-purchase agreement goods are bailed by description, there is an implied term that the goods will correspond with the description, and if under the agreement the goods are bailed by reference to a sample as well as a description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

(2)

The term implied by subsection (1) is a condition.

(3)

Goods shall not be prevented from being bailed by description by reason only that, being exposed for sale or bailment, they are selected by the hirer.

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