Amendment made: In page 38, line 23, at end insert:
(2) In accordance with the preceding subparagraph (and without prejudice to the generality thereof) in section 4(1) of this Act the reference to a document which, if executed by or on behalf of another person as owner of the goods to which it relates, would constitute a hire-purchase agreement to which the principal Act applies shall be construed as including a reference to a document which, if executed by or on behalf of another person as seller of the goods to which it relates, would constitute such a conditional sale agreement as is mentioned in section 21(3) of this Act.—[Mr. D. Price.]
I beg to move, in page 38, line 38, to leave out from "Where" to the end of line 44 and to insert:goods have been sold under a conditional sale agreement and the property in the goods, having become vested in the buyer, is transferred to a person who does not become the buyer under the agreement, the buyer shall no longer be entitled to determine the agreement under section 4 of the principal Act.(2) Subject to the preceding sub-paragraph, where a buyer under a conditional sale agreement determines the agreement under section 4 of the principal Act after the property in the goods has become vested in him, the property in the goods shall thereupon vest in the person (in this sub-paragraph referred to as 'the previous owner') in whom it was vested immediately before it became vested in the buyer".This is simply a technical tidying up of language. I shall be happy to give the House an explanation if that is desired.
§ Amendment agreed to.
I beg to move, in page 39, line 4, at the end to insert: 5666.—(1) The definitions of "buyer" and "seller" in section 21(1) of the principal Act shall not apply to conditional sale agreements.(2) In this Part of this Schedule—Perhaps it would be convenient at the same time to take the next Amendment.
"seller", in relation to a conditional sale agreement, means the person who agrees to sell goods under the agreement and includes a person (other than the buyer) to whom that person's property in the goods or any of that person's rights or liabilities under the agreement has passed by assignment or by operation of law.
- (a) "buyer", in relation to a conditional sale agreement, means the person who agrees to purchase goods under the agreement and includes a person to whom the rights or liabilities of that person under the agreement have passed by assignment or by operation of law;
Section 21(1) of the 1938 Act states that the expressions "buyer" and "seller" have the meanings assigned to them by the Sale of Goods Act, 1893. These Amendments substitute revised definitions in relation to conditional sale agreements so as to include a person to whom the rights or liabilities of the original buyer or seller have passed, and in the case of a seller to include a person to whom the seller's property in the goods has passed. I hope that at this late hour the House will regard that explanation as satisfactory.
§ Amendment agreed to.
Further Amendment made: In page 39, line 11, at end insert:
and 'buyer' and ' seller ' have the meanings assigned to them by paragraph 6 of this Schedule."—[Mr. D. Price.]
I beg to move, in page 39, line 18, at the end to insert:8A.—(1) Section 11(1)(c) of the Sale of Goods Act 1893 (whereby in certain circumstances a breach of a condition in a contract of sale is to be treated only as a breach of warranty) shall not apply to a conditional sale agreement.(2) A breach of a condition (whether express or implied) to be fulfilled by the seller under a conditional sale agreement shall be treated as a breach of warranty, and not as grounds for rejecting the goods and treating the agreement as repudiated, if (but only if) it would have fallen to be so treated had the condition been contained or implied in a corresponding hire-purchase agreement as a condition to be fulfilled by the owner.(3) In this paragraph "corresponding hire-purchase agreement" means a hire-purchase agreement relating to the same goods as the 567 conditional sale agreement and made between the same parties and at the same time and in the same circumstances and, as nearly as may be, in the same terms as the conditional sale agreement.To ensure that the safeguards provided for hire-purchase customers under provisions of the 1938 Act and Part I of the Bill cannot be evaded by the use of conditional sale agreements, Clause 21, together with Schedule 1, applies those provisions to conditional sale agreements in the same way as they apply them to hire-purchase agreements. One matter is not covered as the Schedule stands—namely, the right in respect of a breach of a condition, and the Amendment will remedy this.
§ Amendment agreed to.
Further Amendments made: In page 39, line 26, at end insert:
as well as a reference to payments in respect of two or more conditional sale agreements.
In line 34, at end insert—
or both are conditional sale agreements."—[Mr. D. Price.]