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Report No. 20

20. Relief against termination for unauthorized act or breach of express condition.-

(1) Where a hire-purchase agreement has been terminated in accordance with the provisions of clause (b) or clause (c) of section 16, no suit or petition by the owner against the hirer for the recovery of the goods shall lie unless and until the owner has served on the hirer a notice in writing-

(a) specifying the particular breach or act complained of; and

(b) if the breach or act is capable of remedy, requiring the hirer to remedy it; and the hirer fails, within a period of fourteen days from the date of the service of the notice, to remedy the breach or act if it is capable of remedy.

[Cf. section 114A, first para., Transfer of Property Act, 1882]

(2) Nothing in this section shall apply to an express condition relating to termination in case of non-payment of hire.1

1. As to assignment, etc., see clause 11. In view of the provisions of that clause, breach of a term prohibiting assignment is not mentioned in this clause.

[Cf. section 114A, last para., Transfer of Property Act, 1882]



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