Report No. 20
Clause 7
Though the English Act does not contain any provision as to the point of time at which property passes to the hirer, it is felt that such a provision would be useful. The property does not pass to the hirer immediately on the execution of the agreement,1 and the clause under discussion is intended to make this clear. The exact date on which the property passes will, of course, depend on the terms of the agreement,2 but the clause will serve the purpose of removing any misapprehension to the effect that property passes at an earlier stage.
1. See Benjamin on Sale, 18th Edn., p. 314.
2. Cf. Ex parte Crawcour, (1878) 9 Ch D 419: 47 U. Bkcy, 94 (CA).
Back
