INTRODUCTION. HIRE-PURCHASE LAW Hire Purchase Agreements under which Hire-purchase price does not exceed the sum of four million shillings (4,000,000/=) or such other higher or lower sum as the Minister may, after taking into account market forces from time to time prevailing, prescribe". - A person who wants to buy goods, but does not have sufficient monetary consideration as the price may enter into an agreement with the owner of goods, so that the owner may hire the goods to him with a view of finally purchasing them. In this case, the owner allows the hirer to take immediate possession and custody of the goods after which the hirer pays periodic instalments. At common law a hire purchase agreement is defined as a contract for the …show more content…
on the payment of the last instalment, the ownership transfers automatically from the owner to the hirer. REQUIREMENTS AGREEMENT. OF HIRE-PURCHASE The Hire-Purchase Act offers protection to hirer of goods by ensuring that terms of agreement are made known to him, either before or at time of making contract. The following formalities must be met for a hire-purchase agreement to be valid: Odiwuor Kelly – B.Com (Acc. & Aud. Option), L.L.B (Crim., Ban. & Ins. Option), Dip-Law (KSL) Advocate/Lecturer – 0721 438511 / 0734 438511 / 020 2242206 / http://www.oakadvocates.co.ke / odiwuork@oakadvocates.co.ke 2 1. Cash price: Before agreement is made the hirer must be shown cash price of goods i.e. the price at which the goods may be purchased by the hirer in cash. The cash price must be shown in writing. 2. Written Agreement: All Hire-purchase agreements must be made in writing and signed by the hirer in person and not by an agent1. 3. Contents: The Hire-purchase agreement must contain: - The statement of the cash price, - Hire-purchase price amounts of each instalment, - Dates when the instalments are payable, - A description of the goods sufficient to identify them, - Notice of hirer’s rights to terminate agreement and; - Restriction of owner’s right to repossess goods. 4. Copies of Agreement: Hirer must be given at least one copy of agreement which he has signed. Where he has right to terminate agreement, he must be given two copies.
Hire purchase is when a company or person lends out goods to companies for a short period of time, with added interest. Tesco could benefit if they were the company as they would lend out equipment, machinery, property and vehicles, as they would gain interest and also regain some of their investment into the product.
In 1816, the 2nd National Bank of the United States was chartered by Congress, establishing a branch in Maryland. In trying to protect local business and claiming the unconstitutional chartering of the National Bank, (?????as a direct response????), the state of Maryland passed legislation to impose a tax on all banks not chartered within the state (the Bank of the United States was the only bank that qualified). However, McCulloch, the cashier of BUS’ Baltimore branch, refused to pay this tax and was sued by the state. McCulloch lost in county court and the decision was reaffirmed by the appellate court.
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.
Hire purchase – hire purchase is a system where if Asda uses a certain equipment from another company, they must pay back the cost of this equipment in regular instalments. This could include the self-service kiosks that Asda has available in their stores.
Overall in the briefing sheet I have made sure that all evidence is provided, also that a clear explanation is made of how a contract protects the consumer and what happens if that contract is breached. Mainly information is suggested on the different conditions made by the sales of goods act such as title, description, fitness for purpose and also satisfactory quality. Factors that invalidate contracts:
Time-and-Material Category: in such contracts, the parties negotiate hourly rates for a defined type of labor and would agree on the seller gets reimbursed for parts and materials at cost. These types of contracts resemble cost-reimbursable contracts in that they can be left open ended and may be subject to a cost increase for the buyer. The full value of the agreement and the exact quantity of items to be delivered may not be defined by the buyer at the time of the contract award.TIME AND MATERIAL CONTRACTS (T&M) It is often used to obtain a wide verity of professional services, such as information technology services, acquisition support services, equipment repair services, and etc.example: Business consultant to an hourly rate of $150.
Businesses use these contracts which allow employers to maximise the flexibility of their workforce to meet demand. Pennycook et al (2013) These types of contracts allow employers
This contract is a consulting sales contract between Textile Corporation of America and Mainsail Group. The contract will be in effect after the trial of the first two accounts in which TCA agrees to abide t the contract rules and guidelines and so does Mainsail Group. Upon the conclusion of the 2 primary accounts TCA and Mainsail will extend to a 24 month contract in which Mainsail will act as a consultant sales team for TCA and bring valued accounts for review to TCA. Upon approval by TCA to contact those accounts, Mainsail will approach those accounts under the guidelines TCA may already have in that place, but will be communicated prior to giving approval to Mainsail.
Purchase of goods/services: At my job, the procurement manager is the one that decides the contract of vendors. He also decides what suppliers are to be used and approves all purchase
In light of all the facts based upon the law relating to nondisclosure agreements (NDA’s), a court most likely would rule in favor of Greene's Jewelry. This ruling comes from the matters of breaking legal contracts. NDA’s are legal binding contracts. Ms. Jennifer Lawson breached the confidentiality agreement/contract, that she was required to sign upon working for Greene's, when she took secret information to multiple competing jewelers. The agreement was a valid bilateral contract which was expressed in writing. To qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. Any court will need to know the terms each
In the paragraphs that follow I will address the issues such as evaluation of the contracts and decide if they will be governed under the common law rules or the Uniform Commercial Codes (UCC). The paper will also analyze the essential elements of an
The buyer will accept the Goods and pay for the Goods with the sum of sixty thousand (16,000.00) USD, paid in cash as required in clause 4 of this Agreement.
The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).
From the given situation, I believe that purchase contract negotiation involves clarification and mutual agreement on the structure and requirements of the contract and I acknowledge the positions of both parties to gain the first step of forming the contract. I utilize active listening and collaborative communication techniques at the first stage of forming a contract. These techniques allow me to focus on both sides must recognize basic areas of contract agreement and the importance of other terms and conditions.
One of the first things that is taught upon entering an acquisition career field is who has the authority to make purchases. Depending on the organization the requirements that these chosen individuals need to meet may vary greatly. The ones given this authority are typically held in the upmost trust and are required to have additional training to better prepare themselves for this responsibility. Unfortunately not everyone knows and understands who may and who may not have the authority to enter into binding contracts with that particular company or that organization, furthermore they may not understand what their responsibilities are. To confuse a situation even further, there are times when one may either express or imply they have