Hire Purchase Act, Cap 201 (Antigua and Barbuda)

• Pages: 335-353

Appendix 4: Hire Purchase Act, Cap 201 (Antigua and Barbuda) 335

LAWS

OF

ANTIGUA AND BARBUDA

Hire

-

Purchase

(CAP.

201

HIRE

-

PURCHASE

An Act to provide for the regulation of hire

-

purchase

and sale upon credit of Goods and for matters incidental

thereto.

(26th

February,

1987.)

(1)

This Act may be cited as the H ire

-

Purchase

Act.

2.

In this

Interpretation.

"

action

"

includes counterclaim a nd set

-

off;

"

buyer

"

means a person who buys or agrees to buy

goods;

"

contract of guarantee

"

means, in relation to a

HIRE

-

PU

R

C

HA

SE

An

A

c

t

to

pr

ovide

fo

r

t

h

e

r

e

gu

lation

o

fhir

e

-

pu

rchas

e

an

d

s

a

le

u

pon

c

r

ed

it

of

Go

od

s an

d

fo

r

m

a

tt

e

r

s

in

ci

de

nt

al

t

h

e

r

e

t

o.

(

26t

h

F

e

b

ruary,

1987.

)

(

1

)

T

hi

s

A

c

t

may

be

c

it

e

d

as

th

e

H

ir

e

-

P

u

r

c

ha

se

A

c

t.

2

.

In

t

hi

s

I

nt

erp

retation.

"

ac

ti

o

n

"

in

cl

ud

es

cou

nt

e

r

c

la

im

a

n

d

se

t

-

off;

"

b

u

ye

r

"

me

an

s

a

p

erson

w

h

o

bu

ys

or

ag

ree

s

t

o

bu

y

g

oo

d

s

;

"

co

n

t

ra

ct

of

g

uaran

t

e

e

"

means,

i

n

rel

at

io

n

to

a

purchase or credit

-

sale agreement, a contract mad e

at the reque st, express or implied, of the hirer or

buyer to guarantee the performance of the hirer's

or buyer's obligations under the hire

-

purchase

agreement or credit

-

sale agreement, and the

expression

"

guarantor

"

shall be construed

accordingly;

"

credit

-

sale agreement

"

means an agreement for the

sale of goods under which the purchase price is

payable by five or more instalments;

"

delivery

"

means volun tary transfer of possessionfrom

one person to anothe r;

"

goods

"

includes all chattels personal other than things

in action an d money; the term includes

emblements, industrial growing crops, a nd things

attached to or forming part of the land, which are

agreed to be severed before sale or under the con

-

tract of sale;

336 Commonwealth Caribbean Contract Law

LAWS

OF

ANTIGUA

AND

BARBUDA

4

CAP.

201)

Hire

-

Purchase

hire

-

purchase agreement

"

means an agreement for the

bailment of goods un der which the bailee m ay buy

the goods o r un der which t he property in goods

will or may pass to the baile e, an d where by virt ue

of two or more agreements, none of which by itself

constitutes a hire

-

purchase agreement, there is a

bailment of goods a nd e ither th e bailee m ay buy

the goods, or the property therein will or may pass

to the bailee, the agreements shall be treated for

the purposes of this Act as a single agreement mad e

at the time when the last of the agreements was

made:

"

hire

-

purchase price

"

means the total sum payable by

the hirer under a hire

-

purchase agreement in order

to complete the purchase of goods t o which t he

agreement relates, exclusive of any sum paya ble

as a penalty or as compensation or damages for

a breach of t he agreement and includes any sum

payable by the hirer under a hire

-

purchase agree

-

ment by way of a deposit or other initial payme nt

or credited or to be credited to him under such an

agreement on account of any such deposit or pay

-

ment , whether that s um is to be or has been paid

to the owner or to any other person or is to be or

has been discharged by a payment of money or by

the transfer o r delivery of goods or by any ot her

means;

"

hirer

"

means the person who takes or has taken goods

from an owner unde r a hire

-

purchase agreement

and includes a person to whom th e hirer's rights

or liabilities u nde r the ag reement have passed by

assignment or by opera tion of law;

h

ir

e

-

p

urchase

ag

reemen

t

"

m

e

an

s

a

n

ag

reemen

t

for

th

e

b

ailm

e

nt

o

f

g

ood

s

u

n

de

r

w

hi

c

h

th

e

b

ail

ee

ma

y

b

u

y

t

h

e

g

ood

s

o

r

u

n

de

r

w

hi

c

h

t

h

e

p

roper

ty

in

g

ood

s

wi

ll

or

may

pass

to

th

e

b

ailee

,

an

d

wh

er

e

by

vi

rt

ue

of

t

w

o

o

r

mo

r

e

agreements,

no

n

e

o

f

whic

h

by

i

t

sel

f

co

n

s

tit

u

t

es

a

h

ir

e

-

p

urchase agreement, th

e

r

e

is

a

b

a

il

m

e

nt

of

g

oo

d

s

a

n

d

ei

t

he

r t

he

b

a

ilee

ma

y

b

uy

th

e

good

s,

o

r

th

e

p

roperty there

in

wi

ll

or

ma

y

pa

ss

to

th

e

b

ailee

,

th

e

agreements

sh

al

l

be

tr

ea

te

d

fo

r

th

e

pu

rp

oses

of

t

his

Ac

t

as

a

s

i

ng

l

e

ag

reemen

t

ma

de

at

th

e

ti

m

e

wh

e

n

th

e

la

st

of

th

e

ag

reements

wa

s

ma

de

:

"

h

ir

e

-

pu

rchas

e

pr

ice

"

m

e

an

s

t

h

e

t

o

ta

l

sum

pa

ya

ble b

y

th

e

hi

r

e

r

u

n

de

r

a

hi

re

-

pu

rchase

ag

reemen

t

in

o

r

de

r

to

c

om

p

lete

t

h

e

p

urchas

e

of

g

ood

s

to

w

hi

c

h

t

h

e

a

g

reemen

t

relates

,

e

x

c

l

us

i

ve

o

fan

y

su

m

p

a

y

able

as

a

penalt

y

or

as

c

om

p

ensation

or

dama

g

e

s

for

a

b

r

e

a

ch

of

t

he

agreemen

t

an

d

i

n

clud

es

any

sum

pa

ya

ble

by

th

e

hi

r

e

r

u

n

de

r

a

hi

re

-

pu

rchas

e

ag

ree

-

m

e

n

t

by

w

a

y

of

a

de

p

osit

or

o

th

e

r

i

niti

al

p

a

y

ment

o

r

c

r

ed

it

ed

o

r

to

be

c

r

ed

it

e

d

t

o

h

im

u

n

de

r

suc

h

an

a

g

reemen

t

on

a

ccou

n

t

of

an

y

such

d

epos

i

t

or

pay

-

ment

,

wh

et

he

r

t

h

at

su

m

is

to

be

or

ha

s

be

en

p

ai

d

to

the

owner

or

to

any

o

t

he

r

pers

on

or

is

to

be

or

h

a

s

bee

n

di

sc

h

arge

d

by

a

p

aymen

t

of

mone

y

or

by

t

h

e

tran

sfer

or

d

e

li

ver

y

of

goo

ds

or

by

any

o

t

her

mean

s;

"

hi

r

e

r

"

means

th

e person

who

ta

kes

or

h

a

s

t

a

ke

ngoo

ds

f

r

om

an

owne

r

u

n

de

r

a

hi

r

e

-

p

urc

h

ase

agreemen

t

an

d

i

n

cludes

a

pers

on

to

whom

th

e

hi

r

e

r'

s

ri

g

h

ts

o

r

l

ia

b

iliti

es

u

n

de

rth

e

agreement ha

ve

p

asse

d

by

a

ssignme

nt

or

by

o

p

eration

of

l

aw

;

owner

"

means the person who proposes to let, or has

let goods to a hirer under a hire

-

purchase agree

-

ment an d includes a person to whom t he owner's

property in the goods or any of the owner's rights

or liabilities u nde r the agreement has passed by

assignment or by operation of law;