Hire-Purchase

Termination Of Hire Purchase Agreement

The hire-purchase agreement can be terminated in any of the following ways: -

1. In terms of the agreement

   The hire-purchase agreement stipulates the circumstances in which the agreement can be terminated. The agreement is generally terminated by return of the goods by the hirer, notice of termination by the owner on account of hirer’s breach of conditions or notice of termination by the hirer.

2. By performance

   The hire-purchase agreement is terminated by performance on the exercise of the option to purchase the goods by the hirer.

3. By renewal

   The parties to an agreement may enter into a fresh agreement terminating the hire-purchase agreement, which has not already been terminated.

4. Notice by either party

   The hire-purchase agreement can be terminated by notice given by either party.

5. By acceptance of repudiation by other party

   An agreement is terminated, when a party to an agreement renounces his future obligations under the agreement or commits a breach of the agreement, which indicates that he does not want to remain bound by its provisions, and the other party accepts the renunciation or breach as discharging the contract.

6. By release

   Where one party to an agreement releases the other party from the performance of the obligations by him under the agreement, the agreement comes to an end.

7. By frustration

   When performance of the agreement becomes impossible by reason of some act or event occurring subsequent to the formation of the agreement, comes to an end and the parties will be discharged from further obligations under the agreement e.g. when the goods are destroyed during the currency of hire-purchase agreement without negligence on the part of the hirer, the agreement comes to an end.

8. By efflux of time

   When the hirer is given time to exercise option to purchase the goods within a stated period and he does not exercise the option within the said period, the agreement comes to an end.

Remedies Available In Case Of Breach

In case of breach of the hire-purchase agreement, the owner is entitled to (i) recover the goods by physical repossession; or (ii) to abandon any claim to the goods and sue for damages.

Registration

The registration of a hire purchase agreement is not necessary, as no immovable property is conveyed thereby to the hirer.