The duties of the seller under the civil code and under the Hire Purchase and credit sale Act - An unnecessary duplication ?

Abstract

This paper examines the duties of the seller under the Hire Purchase and Credit Sale Act 1964 (the Act) and  under the Civil Code respectively as to the quiet enjoyment of the goods purchased, the right of the seller to sell them and the duty of the seller as to their merchantable quality. A comparison is made between these legislative provisions and we shall establish that there is an overlap between them if not complete  correspondence. Our submission is that the provisions in the Act may be redundant.

Keywords : Contract of sale, hire purchase, duties of seller, merchantability, hidden defects, duty as to title, quiet possession.