Consumer Credit Act 1995

F113[Liability of owner for another’s commercial guarantee

73U

73U.(1) Where an owner gives a hirer a commercial guarantee provided by another guarantor, the owner shall, unless the owner expressly indicates the contrary when the guarantee is given to the hirer, be liable to the hirer for the observance of that guarantee as if the owner were the guarantor.

(2) Notwithstanding subsection (1), where the owner gives his or her own commercial guarantee to a hirer, it shall be presumed, unless the contrary is proved, that the owner has not made himself or herself liable to the hirer under any commercial guarantee from another guarantor which the owner has given to the hirer.

(3) The liability of an owner to a hirer under subsections (1) and (2) is without prejudice to the rights conferred on the hirer under section 73T.]

Annotations:

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F113

Inserted (29.11.2022) by Consumer Rights Act 2022 (37/2022), s. 150(1), S.I. No. 596 of 2022, subject to transitional provision in subs. (2).