| Commentary

39.6 Payment

| Commentary

39.6 Payment

The hirer must pay the agreed charges, at the times and in the manner required by the contract1. Whether a default in payment entitles the lessor to terminate the hiring, and whether a clause purporting to accelerate payment of all charges on such default is a penalty, are matters of general contract law2. In appropriate circumstances, it appears that the equitable doctrine of relief from forfeiture3, as well as the equitable rule against penalties4, may be available to the hirer.

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