Hire - Law Dictionary Search Results
Home Dictionary Name: hireHire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
Hire-purchase agreement
Hire-purchase agreement, Hire-purchase agreements are executor contracts under which the goods are let on hire and the hirer has an option to purchase in accordance with the terms of the agreement. These types of agreements were originally entered into between the dealer and the customer and the dealer used to extend credit to the customer. But as hire-purchase scheme gained in popularity and in size, the dealers who were not endowed with liberal amount of working capital found it difficult to extend the scheme to many customers. Then the financiers came into the picture. The finance company would buy the goods from the dealer and let them to the customer under hire-purchase agreement. The dealer would deliver the goods to the customer who would then drop out of the transaction leaving the finance company to collect installments directly from the customer. Under hire-purchase agreement, the hirer is simply paying for the use of the goods and for the option to purchase them. The finance...
Hire-purchase system
Hire-purchase system. A system whereby the owner of goods lets them on hire for periodic payments by the hirer upon an agreement that when a certain number of payments have been completed, the absolute property in the goods will pass to the hirer, but so that the hirer may return the goods at any time without any obligation to pay any balance of rent accruing after return, until the conditions have been fulfilled, the property remains in the owner. The instrument by which the hire-purchase is effected does not ordinarily require registration under the Bills of Sale Acts [Ex parte Crawcour, (1878) 9 Ch D 419]; and the hirer is 'reputed owner' within the Bankruptcy Act [Ex parte Brooks, (1993) 23 Ch D 261]; but the hirer does not 'agree to buy' within the Factors Act or Sale of Goods Act so as to be able to sell or pledge the goods as if he were a 'mercantile agent', Helby v. Matthews, 1895 AC 471; Brooks v. Biernstein, (1909) 1 KB 98. Distinguish from agreements such as in Lee v. Butler...
hire
hire 1 : payment for the temporary use of something or for labor or services 2 a : the act or an instance of hiring [from the date of until now] b : the state of being hired : employment [while he was in the of the defendant] 3 : one who is hired [all new s will enjoy the same medical benefits] for hire : available for use or service in return for payment vb hired hir·ing vt 1 : to engage the personal services of or the temporary use of for a fixed sum 2 : to grant the personal services of or the temporary use of vi : to take employment hir·er n ...
Consumer hire agreement
Consumer hire agreement, the vehicle and credit hire agreements restrict the hiring to a period not exceeding 12 weeks, the liability to pay under the credit hire agreement subsists for more than three months so these are consumer hire agreements, Burdis v. Livsey (CA), (2003) LR 36 QB.Is an agreement for the bailment of goods to the hirer which: '(I).........(a) is not a hire-purchase agreement, and (b) is capable of subsisting for more than there months; and (c) does not require, the hirer to make payments exceeding ' 25,000', Burdis v. Livsey (CA), (2002) 3 WLR 762 [Consumer Credit (Increase of Monetary Limits) Order 1998, s. 15]...
Hire purchase agreement and contract for sale
Hire purchase agreement and contract for sale, a contract of hire-purchase is properly speaking a contract of hire by which the hirer is granted an option to buy but is not, as under a contract of sale, under a legal obligation to do so. The contract of hire-purchase is one of the variations of the contract of bailment, but it is a modern development of commercial life, and the rules with regard to bailments, which were laid down before any contract of hire-purchase was contemplated, cannot be applied simpliciter, because such a contract has in it not only the element of bailment but also the element of sale, Instalment Supply Ltd. v. S.T.O., (1974) 4 SCC 739: AIR 1974 SC 1105....
Hire-purchase price
Hire-purchase price, means the total sum payable by the hirer under hire-purchase agreement in order to complete the purchase of, or the acquisition of property in, the goods to which the agreement relates; and includes any sum so payable by the hirer under the hire-purchase agreement by way of a deposit or other initial payment, or credited or to be credited to him under such agreement on account of any such deposit or payment, whether that sum is to be or has been paid to the owner or to any other person or is to be or has been discharged by payment of money or by transfer or delivery of goods or by any other means; but does not include any sum payable as a penalty or as compensation or damages for a breach of the agreement. [Hire-Purchase Act, 1972 (2 of 1972), s. 2 (d)]...
Hire purchase
A contract more fully called contract of hire with an option of purchase in which a person hires goods for a specified period and at a fixed rent with the added condition that if he shall retain the goods for the full period and pay all the installments of rent as they become due the contract shall determine and the title vest absolutely in him and that if he chooses he may at any time during the term surrender the goods and be quit of any liability for future installments upon the contract In the United States such a contract is generally treated as a conditional sale and the term hire purchase is also sometimes applied to a contract in which the hirer is not free to avoid future liability by surrender of the goods In England however if the hirer does not have this right the contract is a sale...
Hiring
Hiring, in the Hiring, there is a creation of relationship of landlord and tenant, and the element of compulsion is inherent in such arrangement. On the other hand, in requisition the properties are taken out of the control of the owner for the time being for certain specified purposes subject to payment of compensations. Hiring is intended to be a permanent arrangement, Ardeshia P. Banaji v. Union of India, AIR 1997 Bom 68....
Contract for the hire of goods
Contract for the hire of goods, means a contract, other than an excepted contract, under which one person bails or agrees to bail goods to another by way of hire. Supply of Goods and Service Act, 1982 (UK), Halsbury's Laws of England, Vol. 2, para 856, p. 868....
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