Revised Laws of Saint Lucia (2021)

Section II   Causes of Nullity in Contracts

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    925.   Error, fraud, violence, fear, or lesion is a cause of nullity in a contract; in so far as to give right of action or exception, with a view to its rescission or modification.

§ 1. Error

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    926.   Error is a cause of nullity only when it occurs in the nature of the contract itself, or respecting that which is the subject of the contract, or the principal consideration for making it.

§ 2. Fraud

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    927.   Fraud is a cause of nullity when the artifice practised by one party or with his knowledge is such that without it the other party would not have contracted.

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    It is never presumed and must be proved.

§ 3. Violence and Fear

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    928.   Violence or fear is a cause of nullity, whether practised or produced by the party for whose benefit the contract is made or by any other person.

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    929.   The fear whether produced by violence or otherwise must be a reasonable and present fear of serious injury. The age, sex, character and condition of the party are to be taken into consideration.

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    930.   Fear suffered by a contracting party is a cause of nullity whether it is a fear of injury to himself, or to his wife, children or other near kindred, and sometimes when it is a fear of injury to strangers, according to the circumstances of the case.

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    931.   Mere reverential fear of a father or mother, or other ascendant, without violence exercised or threats made, will not invalidate a contract.

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    932.   If the violence be only a legal constraint, or the fear be only with reference to a party doing that which he or she has a right to do, it is not a ground of nullity; but it is otherwise if the forms of law be used or threatened for an unjust and illegal cause to extort a consent.

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    933.   A contract for the purpose of delivering the party making it, or the husband, wife or near kinsman of such party from violence or threats, is not invalidated by reason of such violence or threats; provided the party in whose favour it is made be in good faith, and not in collusion with the offender.

§ 4. Lesion

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    934.   Lesion is a cause of nullity only in certain cases and with respect to certain persons, as explained in this section.

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    935.   Simple lesion is a cause of nullity in favour of an unmarried minor against every kind of act when not aided by his tutor, and in favour of a minor who is or has been married against all contracts which exceed his legal capacity; subject to the exceptions specially expressed in this Code. (Substituted by Act 34 of 1956)

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    936.   The simple declaration made by a minor that he or she is of the age of majority forms no bar to his or her obtaining relief for cause of lesion.

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    937.   A minor is not relievable for cause of lesion, when it results only from a casual and unforeseen event.

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    938.   A minor who is a banker, trader or mechanic is not relievable for cause of lesion from contracts made for the purposes of his or her business or trade.

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    939.   A minor is not relievable from the stipulations contained in his or her marriage contract, when they have been made with the consent and assistance of those whose consent is required for the validity of his marriage.

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    940.   A person is not relievable from a contract made by him or her during minority, when he or she has ratified it since attaining the age of majority.

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    941.   Contracts by minors for the purchase, alienation or incumbrance of immovable property, if made without the intervention of their tutors, are null. (Substituted by Act 34 of 1956)

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    942.   When all the formalities required with respect to minors or interdicted persons for the alienation of immovable property, or the partition of a succession, have been observed, such contracts, and acts have the same force and effect as if they had been executed by persons of the age of majority and free from interdiction.

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    943.   When minors or interdicted persons are admitted in these qualities to be relieved from their contracts, the reimbursement of that which has been paid in consequence of these contracts during the minority or interdiction cannot be exacted unless it is proved that what has been so paid has turned to their profit.

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    944.   Persons of the age of majority are not entitled to relief from their contracts for cause of lesion, except where relief would be granted by the law of England.