Representations etc. by owner etc. to hirer, consequences of
6 Representations etc. by owner etc. to hirer, consequences of
A representation, warranty, or statement made to the hirer or prospective hirer, whether orally or in writing, by the owner or dealer or any person acting on behalf of the owner or dealer in connection with or in the course of negotiations leading to the entering into of a hire‑purchase agreement shall confer on the hirer —
as against the owner, the same rights (including the right to rescind the agreement) as the hirer would have had if the representation, warranty, or statement had been made by an agent of the owner; and
as against the person who made the representation, warranty, or statement, and any person on whose behalf such person was acting in making it the same right of action as the hirer would have had against them or either of them if the hirer had entered into the hire‑purchase agreement with such first‑mentioned person or the person on whose behalf he was acting (as the case requires) as a result of negotiations.
A covenant, condition, or term in a hire‑purchase agreement or other document purporting to exclude, limit, or modify the operation of this section or to preclude any right of action or any defence based on or arising out of any such representation, warranty or statement is void.
Without prejudice to any other rights or remedies to which an owner may be entitled, an owner is entitled to be indemnified by the person who made the representation, warranty, or statement, and by any person on whose behalf the representation, warranty, or statement was made against any damage suffered by the owner through the operation of the foregoing provisions of this section.
[Section 6 amended: No. 107 of 1973 s. 6.]
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