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Section 23

Rights of guarantor against owner

of Hire - Purchase Act 1967

ActIn forceProvision 37 of 91
Section 23
(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;

(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 counter-claim which the hirer may possess against the owner.