Part III Supplementary

18 Interpretation: general.

1

In the preceding provisions of this Act and this section—

  • bailee”, in relation to a F11relevant contract for the hire of goods means (depending on the context) a person to whom the goods are bailed under the contract, or a person to whom they are to be so bailed, or a person to whom the rights under the contract of either of those persons have passed;

  • bailor”, in relation to a F11relevant contract for the hire of goods, means (depending on the context) a person who bails the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed;

  • business” includes profession and the activities of any government department or local or public authority;

  • credit-broker” means a person acting in the course of a business of credit brokerage carried on by him;

  • credit brokerage” means the effecting of introductions—

    1. a

      of individuals desiring to obtain credit to persons carrying on any business so far as it relates to the provision of credit; or

    2. b

      of individuals desiring to obtain goods on hire to persons carrying on a business which comprises or relates to the bailment F1or as regards Scotland the hireof goods under a F11relevant contract for the hire of goods; or

    3. c

      of individuals desiring to obtain credit, or to obtain goods on hire, to other credit-brokers;

  • enactment” means any legislation (including subordinate legislation) of the United Kingdom or Northern Ireland;

  • goodsF2includes all personal chattels, other than things in action and money, and as regards Scotland all corporeal moveables; and in particular “goods” includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before the transfer F2bailment or hireconcerned or under the contract concerned F3. . .;

  • hire-purchase agreement” has the same meaning as in the 1974 Act;

  • F12...

  • F4property”, in relation to goods, means the general property in them and not merely a special property;

  • F5. . .

  • F6. . .

  • F12...

  • F7. . .

  • transferee”, in relation to a F10relevant contract for the transfer of goods, means (depending on the context) a person to whom the property in the goods is transferred under the contract, or a person to whom the property is to be so transferred, or a person to whom the rights under the contract of either of those persons have passed;

  • transferor”, in relation to a F10relevant contract for the transfer of goods, means (depending on the context) a person who transfers the property in the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed.

2

In subsection (1) above, in the definitions of bailee, bailor, transferee and transferor, a reference to rights or duties passing is to their passing by assignment F8assignation, operation of law or otherwise.

F93

For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

a

fitness for all the purposes for which goods of the kind in question are commonly supplied,

b

appearance and finish,

c

freedom from minor defects,

d

safety, and

e

durability.

F13 4

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