Hire-Purchase Act 1969 · 2020 Revised Edition · Part 4 · Hirers
7. Liability of owner and person acting on his behalf for misrepresentation
Feedback & supportEvery representation, warranty or statement made to the hirer or prospective hirer, whether orally or in writing, by the owner or the dealer or any person acting on behalf of the owner or the dealer in connection with or in the course of negotiations leading to the entering into of a regulated agreement shall confer on the hirer —
hirer
“hirer” means the person who takes or has taken goods from an owner under a hire‑purchase agreement or a conditional sale agreement and includes a person to whom the hirer’s rights or liabilities under the agreement have passed by assignment or by operation of law;
as against the owner — the same right to rescind the agreements as the hirer would have had if the representation, warranty or statement had been made by an agent of the owner; and
as against the person who made the representation, warranty or statement, and any person on whose behalf the person who made the representation, warranty or statement was acting in making it — the same right of action in damages as the hirer would have had against them or either of them if the hirer had purchased the goods from the person who made the representation, warranty or statement or the person on whose behalf the person who made the representation, warranty or statement was acting in making it (as the case may be) as a result of the negotiations.
Every covenant, condition or term in any regulated agreement or other document purporting to exclude, limit or modify the operation of subsection (1) or to preclude any right of action or any defence based on or arising out of any such representation, warranty or statement shall be void.
regulated agreement
“regulated agreement” means a hire-purchase agreement or a conditional sale agreement which relates to the goods specified in the First Schedule, but does not include any agreement in which the hirer is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement;
Without prejudice to any other rights or remedies to which an owner may be entitled, an owner shall be entitled to be indemnified —
owner
“owner” means a person by whom goods are bailed to a hirer under a hire‑purchase agreement or a conditional sale agreement and includes a person whom the owner’s rights or liabilities under the agreement have passed by assignment or by operation of law;
by the person who made the representation, warranty or statement; and
by any person on whose behalf the representation, warranty or statement was made against any damage suffered by the owner as a result of any such representation, warranty or statement.