Hire-purchase agreements

Modification of remedies for breach of statutory condition in non-consumer cases.
11A
1
Where in the case of a
relevant hire-purchase agreement
—
a
the person to whom goods are bailed would, apart from this subsection, have the right to reject them by reason of a breach on the part of the creditor of a term implied by section 9, 10 or 11(1)(a) or (c) above, but
b
the breach is so slight that it would be unreasonable for him to reject them,
... the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.
2
This section applies unless a contrary intention appears in, or is to be implied from, the agreement.
3
It is for the creditor to show—
a
that a breach fell within subsection (1)(b) above, and
b
that the agreement was a relevant hire-purchase agreement.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
This section does not apply to Scotland.
S. 11A inserted (E.W.N.I.) (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(6) (with s. 8(3))
Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 2; S.I. 2015/1630, art. 3(g) (with art. 6(1))
Words in s. 11A(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 4(2); S.I. 2015/1630, art. 3(g) (with art. 6(1))
S. 11A(3)(b) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 4(3); S.I. 2015/1630, art. 3(g) (with art. 6(1))
S. 11A(4) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 4(4); S.I. 2015/1630, art. 3(g) (with art. 6(1))