Yes! Obviously! Although hire purchase resembles sale of goods it is different in many ways. Under hire purchase agreement the goods are delivered to the hire purchaser for his use at the time of the agreement but the owner of the goods agrees to transfer the property in the goods to the hire purchaser only when the hirer pays a certain fixed number of installments of price. Thus, the essence of hire-purchase agreement is that there is no agreement to buy, but there is only a bailment of the goods coupled with an option to purchase them, which may or may not be exercised.
Tow examples of a sale and a hire-purchase agreement
[B shall have to pay for the car already delivered a reasonable price. A cannot ask for its return. As regards the second car, B cannot insist on its delivery to him since the contract has become void (Sec. 10)].
a) A dealer in radios gives a ‘Murali’ radio to a customer on the terms that Rs. 1000 should be paid by him immediately and Rs 2000 more in two monthly equal installments. It was further agreed that if the radio is found defective the customer may return it within a week but not later. The customer makes default in paying the last installment. Can the radio dealer take back the radio on his default? [ Hint. No. the radio dealer cannot take back the radio on default by the customer because it is a contract of sale and not of hire purchase]
b) A sold 1000 quintals of groundnut oil to B. Before it could be delivered to B, the Government of India requisitioned the whole quantity lying with A in public interest. B wants to sue A for breach of contract. Advise B.
Tow examples of a sale and a hire-purchase agreement
[B shall have to pay for the car already delivered a reasonable price. A cannot ask for its return. As regards the second car, B cannot insist on its delivery to him since the contract has become void (Sec. 10)].
a) A dealer in radios gives a ‘Murali’ radio to a customer on the terms that Rs. 1000 should be paid by him immediately and Rs 2000 more in two monthly equal installments. It was further agreed that if the radio is found defective the customer may return it within a week but not later. The customer makes default in paying the last installment. Can the radio dealer take back the radio on his default? [ Hint. No. the radio dealer cannot take back the radio on default by the customer because it is a contract of sale and not of hire purchase]
b) A sold 1000 quintals of groundnut oil to B. Before it could be delivered to B, the Government of India requisitioned the whole quantity lying with A in public interest. B wants to sue A for breach of contract. Advise B.