Section 10: Appropriation of payments

10. Appropriation of payments Notwithstanding any other enactment, a hirer or buyer who is liable to make payments in respect of 2 or more hire purchase or credit sale agreements to the same dealer shall, notwithstanding any agreement to the contrary, be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to appropriate the sum so paid by the hirer or buyer in or towards the satisfaction of the sum due under any one of the agreements, or in or towards the satisfaction of the sums due under any 2 or more of the agreements in such proportions as the hirer or buyer thinks fit, and, if the hirer or buyer fails to make any such appropriation, the payment shall by virtue of this section be appropriated towards the satisfaction of the sums due under the respective hire purchase or credit sale agreements in the proportions which those sums bear to one another. [S. 10 amended by Act 1 of 1995; Act 26 of 2000.] [Issue 1] H5 – 8 Revised Laws of Mauritius