Studies in the Australian law of hire-purchase

Abstract

This thesis is presented in the form of a series of related studies rather than the development of a single theme. CHAPTER 1 The primary purpose of this chapter is to examine the development of hire-purchase legislation in each of the Australian States; to determine the factors necessitating legislative intervention in this area of law; to contrast the legislative provisions in each of the States prior to the passing of the Australian "uniform" Hire-Purchase Acts between 1959-1960, and to analyse the differences in the present "uniform" hire-purchase legislation. CHAPTER 2 Since a hire-purchase agreement contains elements of both bailment and sale, difficulties arose at common law as to the precise nature of the terms of fitness to be implied in such agreements. The divergent opinions expressed on this problem in the Australian courts are critically examined, as are the repercussions following the decisions of the courts on that question, in determining the precise nature of the terms of fitness implied at common law in contracts of simple hire. CHAPTER 3 Here the statutory conditions of fitness and merchantable quality in the Australian · ~uniformt HirePurchase Acts are analysed to determine the circumstances in which those provisions are d.eficient in providing the hirer with adequate remedies against the owner and dealer in the event of defective goods being supplied under a hire-purchase agreement. The ramifications of the statutory condition of fitness in relation to commercial contracts of hire-purchase are examined, and suggestions made for legislative reform designed primarily with the object of giving more effective recognition to the actual realities of the familiar tripartite relationship of hirer, dealer, and finance company. CHAPTER 4 The respective merits and deficiencies of the common law and statutory conditions as to title are analysed, together with an assessment of the circumstances in which the possible hardships resulting from breach of the common law and statutory conditions may be mitigated by the d.octrine of 'feeding the contract.! On the basis of that examination, suggestions are made regarding amendment of the statutory terms to achieve a more equitable result should the fowner f be found in breach of the present statutory or common law conditions as to title. CHAPTER 5 The writer here examines the position reached at common law regarding the respective liability, if any, of the owner and dealer for representations made by the latter in the course of negotiations leading to viii a hire-purchase agreement between the owner and hirer. This is followed by a critical analysis of the provisions in the {uniformf hire-purchase legislation to determine the extent to which they overcome the inherent limitations of the common law on this question. CHAPTER 6 Consideration is given in this chapter to the various modes of evasion, both successful and unsuccessful, of the Australian hire-purchase legislation, with particular emphasis being given to the comparatively recent development of alternative forms of legal transaction in preference to the more traditional hire-purchase agreement. Some of the factors giving rise to that development are examined, as is its effect on the rights of consumers in comparison with the protective provisions of the Australian (uniform! Hire-Purchase Actso CHAPTER 7 Here the writer brings together the principal conclusion reached in the earlier chapters.