Difference Between Bailment And Hire Purchase Agreement

It is important to pass on the responsibilities and duties of the parties involved in order to avoid confusion or litigation. The different responsibilities of the tenant and the landlord can be as follows – 1st rental-sale (HP) is a rental agreement, while credit sales are a sales agreement. The hypothesis is in particular the security of a debt in which the presumed object has no property or property. As in the case of V. Dakshinamurthi Mudaliar v. General and Credit Corporation (India) Ltd., “a lease-sale agreement creates a lease, but is a lease plus an option to purchase. The transaction is aggravated by the elements of the right to rent and sell, and it would be clearly wrong to equate it with the assumption of the property. [3] 4. The rental seller can pick up the goods late. but at the sale, the seller cannot take back the goods, whatever the case. There are differences between a lease and a tempes sale. In the first, a sale is made based on the total price and the rental fee is paid in full.

The buyer does not have the right to transfer the goods until the terms of the contract are fully fulfilled. In the case of the latter (reduced rate sale), the buyer immediately becomes the owner of certain goods, although the total price is payable in several tranches. The HPA was a product of the Common Law System, recognized as early as 1895 in the case of Helby v. Matthews. In this case, a tenant mortgaged a piano as collateral for an advance after paying a few monthly payments for the property under HPA. The Latin expression “Nemo Dat Quod Non-Habet” has been maintained, which means “you can`t give what you don`t have.” According to the terms of the judgment, “the terms of the contract did not oblige him to purchase after its execution, but gave him the freedom to do so or not as he wished, and nothing happened after the contract was entered into to impose the undertaking.” [5] The court also found that, in having the power to return the piano, he had not been obliged to purchase and was therefore “not prepared to purchase goods under the Factors Act” and that the owner was entitled to retrieve the piano from the pawnbroker. [6] – Views recorded on Cambridge Core between September 2016 and December 3, 2020.