Determine Three (3) Void Provisions In The Hire Purchase Agreement

(e) To absolve an owner or seller of responsibility for the acts or acts of delay of a person acting on his behalf in connection with the formation or conclusion of a lease-sale or credit contract. This is what is provided for in the provision of P. 3 C). This provision excludes conditions that would increase the tenant`s liability after the contract is decided. This provision is similar to the final part of p. 3 (b). However, this section also covers situations in which the contract has been terminated outside the tenant. This needs to be better understood if the explicit provision of this section is provided. In this section, it is stated that the section of the Leasing Act, which deals specifically with the exclusion of certain conditions, is Section 3. This section prevents certain terms that, if inserted, could be to the detriment of the tenant. These conditions are as follows: according to the common law, the content of a lease-sale was drafted by the parties without interference by the law.

The law assumed that both parties were on an equal footing. This was a mistake, as the owner generally had the upper hand when a lease is to be entered into. As a result, the landlord generally used the tenant, as was seen in the application of the common law. The Rent Purchase Act in the provision of s. 3 (b) prohibits the landlord from inserting a clause that would exclude the tenant from exercising his right to terminate the contract. It also excludes conditions that would impose a higher liability on the tenant than that provided by the tenancy law, if it determines the agreement. (d) any person acting on behalf of a landlord or seller in connection with the conclusion or conclusion of a tenancy or credit agreement is treated as an auxiliary of the tenant`s or the purchaser`s performance or is considered an agent (b), the right conferred on the tenant by this Act to determine the lease-sale contract being excluded or limited, or a complementary liability to the liability imposed by this law on a tenant as a result of the termination; or the Rent Purchase Act in the provision of s. 3 (a) prevents the landlord from inserting a clause that would give him the right to enter the tenant`s premises without authorization to seize the goods. The provision specifies that, according to the provisions of S. 3 (d), the lease agreement excludes that the owner/seller`s representative is also the tenant`s representative.

In some leases, a third party, usually the financier, acts for the owner. In the event of a dispute, the tenant usually sues the financier with the landlord. To verify this, a term is usually added that names the financier as the tenant`s agent. This term was excluded by the lease and rendered inoperative. In the case of Campbell Discount Co Ltd vs. Gall[1], such a clause existed. The English court made this clause non-applicable in the context of the application of the provision of the “English Act” of 1968.