Revised Laws of Saint Lucia (2022)

121.   Unconscionable conduct

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    (1)   A supplier shall not use physical force, coercion, undue influence, pressure or harassment, unfair tactics or any other conduct, in connection with —

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      (a)     the marketing of any goods or service;

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      (b)     the supply of goods or service to a consumer;

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      (c)     the negotiation, conclusion, execution or enforcement of a consumer agreement to supply any goods or service to a consumer;

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      (d)     the demand for, or collection of, payment for goods or service by a consumer; or

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      (e)     the recovery of goods from a consumer.

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    (2)   Without prejudice to subsection (1), it is unconscionable for a supplier to take advantage of the fact that a consumer was substantially unable to protect his or her own interests because of disability, illiteracy, ignorance, inability to understand the language of a consumer agreement, or any other similar factor.

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    (3)   In determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the employer of the person or principal knows or ought to know that —

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      (a)     the consumer is not reasonably able to protect his or her interests due to disability, ignorance, illiteracy, inability to understand the language of a consumer agreement or similar factors;

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      (b)     the price grossly exceeds the price at which similar goods or services are readily available to like consumers;

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      (c)     the consumer is unable to receive a substantial benefit from the subject matter of the representation;

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      (d)     there is no reasonable probability of payment of the obligation in full by the consumer;

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      (e)     the terms of the consumer agreement are so adverse to the consumer as to be inequitable;

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      (f)     a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or

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      (g)     the consumer is being subjected to undue pressure to enter into a consumer agreement.

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    (4)   A consumer agreement concluded on the basis of an unconscionable conduct is unenforceable at the option of the consumer.

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    (5)   A supplier who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.