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Hire-Purchase Act · s 22

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s 22Rights of guarantor against owner

(1)

The guarantor under this Part may at any time secure his discharge by paying the amount due to the owner from the hirer.

(2)

Upon such payment being made, he is entitled to —

(a)

sue the hirer in the name of the owner for any breach of the hirer’s obligations under the hire-purchase agreement subject to providing the owner with a suitable indemnity for costs, or sue in his own name if he takes a legal assignment of the hire-purchase debt; and

(b)

insist upon the transfer to himself of all securities taken by the owner from the hirer to secure performance of the hirer’s obligations.

(3)

The guarantor is entitled in the event of any claim being made against him by the owner on the guarantee to avail himself of any set-off or counterclaim which the hirer may possess against the owner.

(4)

Unless otherwise agreed by the parties, a guarantor who exercises his rights under this section shall pay to the owner any reasonable costs incurred by the owner (including legal expenses) in preparing, drawing,

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stamping or registering the indemnity, assignment or transfer, as the case may be.