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Section II   Delivery

Revised Laws of Saint Lucia (2021)

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Section II   Delivery

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    1402.   Delivery is the transfer of a thing sold into the power and possession of the buyer.

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    1403.   The obligation of the seller to deliver is satisfied when he puts the buyer in actual possession, or consents to such possession being taken by him or her, all hindrances being removed.

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    1404.   The delivery of incorporeal things is made by the delivery of the titles or by the use which the buyer makes of such things with the consent of the seller.

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    1405.   The expenses of delivery are at the charge of the seller, and those of removing at that of the buyer, unless it is otherwise stipulated.

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    1406.   The seller is not obliged to deliver the thing if the buyer do not pay the price, unless a term has been granted for payment.

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    1407.   Neither is the seller obliged to deliver the thing, when a delay for payment has been granted, if the buyer since the sale have become insolvent, so that the seller is in imminent danger of losing the price, unless the buyer gives security to the satisfaction of the seller, for payment at the expiration of the delay.

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    1408.   The thing must be delivered in the state in which it was at the time of sale, subject to the rules relating to deterioration contained in the Book respecting Obligations.

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    From the time of sale all the profits of the thing belong to the buyer.

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    1409.   The obligation to deliver the thing comprises its accessories and all things in existence which are necessary for its perpetual use.

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    1410.   The seller is obliged to deliver the full quantity sold as it is specified in the contract, subject to modifications hereinafter specified.

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    1411.   If an immovable be sold with a statement, in whatever terms expressed, of its superficial contents, either at a certain rate by measurement, or at a single price for the whole, the seller is obliged to deliver the whole quantity specified in the contract; if such delivery be not possible, the buyer may obtain a diminution of the price according to the value of the quantity not delivered.

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    If the superficial contents exceed the quantity specified, the buyer must pay for such excess of quantity, or he or she may at his or her option give it back to the seller.

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    1412.   In either of the cases stated in the last preceding article, if the deficiency or excess of quantity be so great, in comparison with the quantity specified, that it may be presumed the buyer would not have bought if he or she had known it, he or she may abandon the sale and recover from the seller the price, if paid, and the expenses of the contract, without prejudice in any case to his or her claim for damages.

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    1413.   The rules contained in the last 2 preceding articles do not apply, when it clearly appears from the description of the immovable and the terms of the contract that the sale is of a certain determinate thing, without regard to its quantity by measurement, whether such quantity is mentioned or not.

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    1414.   The action for supplement of price on the part of the seller, or for diminution of price, or for annulling the contract, on the part of the buyer, is subject to the general rules of prescription.

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    1415.   If 2 immovable properties be sold by the same contract, at a single price for the whole, with a declaration of the contents of each, and in one the quantity be less than stated and in the other greater, the deficiency of the one is compensated by the excess of the other so far as it goes, and the action of the buyer or seller is modified accordingly.

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