FACULTY OF TECHNOLOGY MANAGEMENT AND
TECHOPRENEURSHIP
BACHELOR OF TECHNOLOGY MANAGEMENT
(HIGH TECHNOLOGY MARKETING)
2 BTMM
SEMESTER I SESSION 2014/2015
BTMP 2073: BUSINESS LAW
GROUP ASSIGNMENT
PREPARED FOR:
EN MOHD AB MALEK BIN MD SHAH
PREPARED BY:
NO
NAME
MATRIX NO.
.
1
2
3
4
5
WEE YUAN HUAN
KERK XIN LING
OOI SOON FATT
CHAN PAK HON
LEE CHEE YONG
B061310095
B061310156
B061310130
B061310118
B061310099
SUBMISSION DATE: 25 NOVEMBER 2014
QUESTION: Answer the following, treating each part independently:
Ani's husband, Osman, bought a car on hire purchase by getting a loan from Syarikat
Kewangan Maju. The agreement was for a period of 48 months with a monthly
instalment of RM520. After paying for a period of 24 months, Ani's husband suddenly
died.
a) Can Ani proceed with the hire purchase agreement?
The issue is whether Ani can proceed with the hire purchase agreement.
In my opinion, this situation can refers to Hire Purchase Act, Section 13, right
of hirer by operation of law. In Section 13, the right, title and interest of a hirer under
a hire-purchase agreement shall be capable of passing by operation of law to the
personal representative of the hirer and if the hirer is a company the liquidator may
exercise the same right under the agreement as the company but nothing in this
section shall relieve any personal representative or liquidator from compliance with
the provisions of the agreement.
Ani, the hirers wife may apply Section 13 of Hire Purchase Act by proceeding
Osmans hire purchase agreement after Osman died.
The conclusion is Ani can proceed with the hire purchase agreement after her
husband died.
b) What happens if Osman does not wish to continue with the hire purchase
agreement? What should he do?
The issue is what happens if Osman does not wish to continue with the hire
purchase agreement and what should he do.
In my opinion, this situation can refer to Section 16 (1) (A) and Section 15 (1)
Power of Hirer to determine hiring of Hire Purchase Act. In Section 16, the hirer is
dead; the owner shall not repossess the goods unless there is a default to pay 4
successive installments. In Section 15 (1), the hirer of any goods comprised in a hirepurchase agreement may terminate the agreement by returning the goods to the owner
during ordinary business hours at the place at which the owner ordinarily carries on
business or to the place specified for that purpose in the agreement.
Section 16 (1) (A) will be applied if Osman does not wish to continue with the
hire purchase agreement and he died. He can stop paying the money after he died. The
banking institution will repossess the car after defaults in four successive monthly
instalments under Section 16 (1) (A) Hire-purchase Act. Section 15 (1) of Hire
Purchase Law can be applied when Osman does not wish to continue with the hire
purchase agreement.
The conclusion is, the banking institution will repossess the car after defaults
in four successive monthly instalments under Section 16 (1) (A) Hire-purchase Act.if
Osman does not wish to continue with the hire purchase agreement. He should
terminate the hire purchase agreement by returning the goods to the owner during
ordinary business hours at the place at which the owner ordinarily carries on business
or to the place specified for that purpose in the agreement.
3. Can Hamidon, Osmans friend, take over the hire purchase agreement when Osman
is no longer interested in continuing with the hire-purchase agreement?
The issue is whether Hamidon, Osmans friend can take over the hire purchase
agreement when Osman is no longer interested in continuing with the hire-purchase
agreement.
In my opinion, this situation can refer to Section 13, right of hirer by operation
of law and Section 12 (1), right of hirer to assign of Hire Puchase Act. In Section 13,
The right, title and interest of a hirer under a hire-purchase agreement shall be capable
of passing by operation of law to the personal representative of the hirer and if the
hirer is a company the liquidator may exercise the same right under the agreement as
the company but nothing in this section shall relieve any personal representative or
liquidator from compliance with the provisions of the agreement. In Section 12 (1),
the right, title and interest of a hirer under a hire-purchase agreement may be assigned
with the consent of the owner, or if his consent is unreasonably withheld, without his
consent.
Firstly, Ani, the hirers wife may apply Section 13 of Hire Purchase Act by
proceeding Osmans hire purchase agreement after Osman died. Section 12 (1) can be
applied when Osman is no longer interested in continuing with the hire purchase
agreement.
In conclusion, Hamidon, Osmans friend can take over the hire purchase
agreement when Osman is no longer interested in continuing with the hire-purchase
agreement
