Question

Difficulty: HardForms and Instruments of Credit

In a commercial transaction structured as a hire purchase agreement, legal title to the property passes to the buyer upon taking physical delivery and paying the initial deposit, whereas under a deferred payment scheme, ownership remains with the vendor until all installments are fully settled.

Answer: Answer

Answer

The statement is False. Legal title under a hire purchase agreement is retained by the owner until the final installment is paid, whereas ownership under a deferred payment scheme transfers to the buyer immediately upon delivery.
The statement is false because it reverses the legal ownership principles of the two credit mechanisms. Legal ownership in hire purchase stays with the seller until the final payment, whereas in deferred payment, ownership passes to the buyer immediately upon delivery.

Step-by-Step Solution

1
Analyze the legal title rules for Hire Purchase agreements.
In hire purchase, the hirer obtains physical possession upon delivery, but legal ownership remains with the vendor/finance company until the final installment is paid.
Hire purchase is legally structured as a bailment contract coupled with an option to purchase.
2
Analyze the legal title rules for Deferred Payment (Credit Sale) transactions.
In a deferred payment transaction, legal ownership passes to the buyer immediately upon contract execution or delivery of the goods.
Deferred payment is an outright sale where ownership transfers right away, converting the outstanding balance into an ordinary trade debt.
3
Compare the statement's assertion with established commercial law principles.
The statement incorrectly swaps the legal ownership mechanisms of hire purchase and deferred payment.
Claiming that hire purchase passes title upon initial deposit while deferred payment retains title until the final payment is factually and legally false.

Key Concept

Passage of Legal Title in Credit Transactions
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