Tutorial Quesiton .docx

2 20 partners real person limited company carry more

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- 2-20 partners, real person / limited company - Carry more than one transaction - Only business can create through partnership T8 1) Peter purchased a laptop on hire-purchase . The purchase was financed by XYZ Credit. Peter has defaulted on two instalments successively . Advise XYZ Credit whether they can repossess the laptop from Peter or not. (15) - Can repossess by owner - 2 months default successively - 21 days after notice - Can repossessed on 22 nd day - Issue o What must be complied with in order to ensure that the repossession is legal? - Explanation o S16 (1) HPA 1967 Hirer defaulted 2 instalments successively Hirer defaulted last payment 4 th notice given 21 days stated in 4 th notice expired - Application - Conclusion o XYZ must comply to s16(1) 2) Using your own words, explain the meaning of “hire purchase agreement”. Provide the TWO types of agreement which are not hire purchase agreement according to the Hire Purchase Act 1967. (10) - Hire purchase agreement defined as an agreement for purchase of goods by instalments
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- Any agreement related to property (land, house, building) - Trader - User agreement - In respect of goods where the property in the goods passed at the time of the contract or upon delivery or at any time before goods delivered - Where the hirer of the goods is a person who deals in the normal course of trade of business of selling similar and the same description with the goods under the agreement 3) Explain the rights of a hirer under the Hire Purchase Act 1967. (10) - To obtain information - Appropriation of payment - Change of location - Transfer of title - Early termination - Termination of agreement 4) Happy Sdn. Bhd. sells sewing machines on cash terms and on hire purchase. Mrs. Ng, a housewife, bought a new sewing machine from Happy Sdn. Bhd. on hire purchase. Upon reaching home, Mrs. Ng wanted to sew a new silk shirt for her husband’s birthday. However, instead of sewing the pieces of silk cloth together, the sewing machine merely made holes in the cloth. Mrs. Ng wishes to sue Happy Sdn. Bhd. Advise Mrs. Ng as to whether she can bring an action under misrepresentation under the hire purchase law. (15) - Probably has misrepresented the product - Issue o Was there misrepresentation by Happy in the course of negotiation leading to the hire purchase agreement - Explanation o S8(1) HPA 1967 - Application o Happy is the owner of the sewing machine. On the fact, it is not clear whether there was any misrepresentation made by them. o According to s8(1) HPA 1967, if there is misrepresentation by the owner in the negotiation leading to hire purchase agreement, the hirer can rescind the hire purchase contract o On the fact, if there was, then s8(1) HPA 1967 will apply and Mrs Ng can rescind the contract and sue for damages o However, if there is none, then the contract cannot be terminated - Conclusion o Mrs Ng can only rescind the agreement and sue for damages if Happy Sdn Bhd made the misrepresentation 5) Explain the conditions which must be fulfilled in order to repossess the goods under the Hire Purchase Act 1967. (10) -
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