Part IA

Supply of Goods as Respects Scotland

Contracts for the hire of goods

Implied terms about right to transfer possession etc.
11H
1
In a
relevant contract for the hire of goods
there is an implied term on the part of the supplier that—
a
in the case of a hire, he has a right to transfer possession of the goods by way of hire for the period of the hire; and
b
in the case of an agreement to hire, he will have such a right at the time of commencement of the period of the hire.
2
In a
relevant contract for the hire of goods
there is also an implied term that the person to whom the goods are hired will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the person to whom the goods are hired before the contract is made.
3
The preceding provisions of this section do not affect the right of the supplier to repossess the goods under an express or implied term of the contract.
Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))
Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))
Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))
Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(b); S.I. 2015/1630, art. 3(g) (with art. 6(1))