The primary difference between a Sale and a Hire-Purchase agreement lies in when the ownership (property) of the goods is transferred. In a sale, the buyer becomes the owner immediately or upon a specified date, whereas in hire-purchase, the hirer only becomes the owner after paying the final installment.
Major Distinctions
| Basis of Distinction | Sale | Hire-Purchase |
| Governing Law | Sale of Goods Act, 1930. | Hire-Purchase Act, 1972. |
| Transfer of Ownership | Ownership passes to the buyer immediately or as per the contract. | Ownership passes only after the last installment is paid. |
| Position of the Party | The buyer is the owner of the goods. | The hirer is merely a bailee until the final payment. |
| Right of Termination | The buyer cannot terminate the contract by returning the goods. | The hirer can terminate the agreement at any time by returning the goods. |
| Risk of Loss | Risk lies with the buyer, as they are the owner. | Risk lies with the owner (seller) until the option to buy is exercised. |
| Insolvency of Buyer | The seller takes the risk of the buyer's insolvency. | The owner can repossess the goods if installments are not paid. |
| Resale | The buyer can resell the goods to a third party. | The hirer cannot resell the goods because they do not own them yet. |
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