HIRE-PURCHASE AGREEMENT, in the law of contract, a form of bailment of
goods, on credit, which has extended very considerably of late years.
Originally applied to the sale of the more expensive kinds of goods,
such as pianos and articles of furniture, the hire-purchase agreement
has now been extended to almost every description. The agreement is
usually in writing, with a stipulation that the payments to purchase
shall be by weekly, monthly or other instalments. The agreement is
virtually one to purchase, but in order that the vendor may be able to
recover the goods at any time on non-payment of an instalment, it is
treated as an agreement to let and hire, with a provision that when the
last instalment has been paid the goods shall become the property of the
hirer. A clause provides that in case of default of any instalment, or
breach of any part of the agreement, all previous payments shall be
forfeited to the lender, who can forcibly recover the goods. Such
agreements, therefore, do not pass the property in the goods, which
remains in the lender until all the instalments have been paid. But the
terms of the agreement may sometimes purposely obscure the nature of the
transaction between the parties, where, for example, the hire-purchase
is merely to create a security for money. In such a case a judge will
look to the true nature of the transaction. If it is not a real letting
and hiring, the agreement will require registration under the Bills of
Sale Acts. If the agreement contains words to the effect that a person
has "bought or agreed to buy" goods, the transaction comes under the
Factors Act 1889, and the person in possession of the goods may dispose
of them and give a good title. The doctrine of reputed ownership, by
which a bankrupt is deemed the reputed owner of goods in his apparent
possession, has been somewhat modified by trade customs, in accordance
with which property is frequently let out on the hire-purchase system
(see BANKRUPTCY).
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