I ask you to finish on page 13, line 3, to insert: (2) The following subsection is replaced by section 8, paragraph 2, of the main law (a condition is implied when the tenant makes known the specific purpose for which the goods are necessary): -2) If the tenant, explicit or implied, has made known to the owner: ( – a) communicated to the landlord , to the owner`s agent or agent, to the specific purpose for which the goods are necessary or (b) communicated, in the course of preliminary negotiations, that purpose to any other person by which these negotiations took place, or to an agent or agent of such a person, there is an implied condition that the goods are appropriate for that purpose. Section 24 (2) of the Hire-Purchase Act 1964 applies for the purposes of this subsection, to the extent that it applies for the purposes of the first part of this Act. During the commission phase, Hon`s sheffield member Hillsborough (Mr. Darling) raised a point relating to Section 8 (2) of the 1938 Act, which states that when the tenant makes known the specific purpose for which the goods are needed, there is an implied condition that the goods be properly adapted for that purpose. 1. Notwithstanding the terms of a contract, an unspoken guarantee is granted in each lease agreement. There are certain conditions that are considered fundamental in a lease-sale agreement. These basic conditions are, as a rule, implicit in a lease-sale agreement in the form of conditions and guarantees under Section 7 of the Hire Purchase Act 1967: (iii) When the tenant inspected the merchandise or a sample of it for defects that the examination should have disclosed, or 5. If the tenant indicates the object for which the goods are needed, the goods must be adapted for this purpose. The tacit guarantee that a tenant must be in silent possession of the goods means that, in the case of a rental purchase, the tenant has the right to take possession of the goods for the duration of the tenancy agreement without the owner`s intervention. The owner of the goods cannot take the goods back from the tenant until the tenant is late in paying the payments owing. This is a fundamental term, understood by both the landlord and the tenant in the context of a lease-sale agreement.
4. An unspoken condition that the goods be of commercial quality. However, this would not apply in the following cases: In other words, it is only when a landlord is directly responsible for the disruption of the tenant`s tacit possession of goods that it can be said that there is a violation of that tacit guarantee. (a) an implicit condition of the landlord that most of the sample corresponds to quality and rental is a commercial concept by which landlords agree to lease their goods to another person (the tenant) with the option for the tenant to purchase the goods at the expiry of the tenancy agreement. 6. A landlord is not entitled to avail himself of a provision of a lease-sale agreement that excludes or amends the condition set out in the subsection (3), unless he proves that the provisions were made known to the tenant prior to the award of the contract and that its effect was communicated to him. (b) in a aforementioned negotiation that revealed this objective to anyone else who conducted these negotiations, there is an implied condition that the goods are appropriate for that purpose. However, in the meantime, I have re-examined section 8, paragraph 2, and I think it can be improved. As a general rule, the trader is not the representative of the financial house for receiving information on the purpose for which the goods are needed. Therefore, a tenant who has announced a purpose to the merchant will generally not benefit from the implied condition.