I move amendment No. 190:
In page 44, before section 80, but in Part VII, to insert the following new section:
"Hirer to take reasonable care of goods.
80.—A hirer shall take all reasonable care of goods which are let to him under a consumer hire agreement and shall be liable to the owner if he fails to take such care.".
We consulted with the Attorney General on this. It was agreed that similar provision should apply in relation to the responsibility of the consumer to take care of the goods which are subject to a consumer hire agreement as exists in relation to a hire purchase agreement. The difference between a hire agreement and a hire purchase agreement is that the goods remain at all times the property of the hirer and must be returned in due course at the end of the hire period.
Therefore, there are essential differences between the provision in section 62 regarding the liability of the hirer in a hire purchase agreement and the liability in relation to a hire agreement. In the hire purchase agreement, as the goods will eventually become the property of the consumer, any damage to them will be the consumer's own liability. The provisions of liability to the owner apply only to the situation in which an agreement is terminated in accordance with section 61. In this proposal, because the goods are the property of the owner, the onus to take all reasonable care rests with the hirer.