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386.   Cancellation

Revised Laws of Saint Lucia (2021)

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386.   Cancellation

  1.  

    (1)   Where a bill is intentionally cancelled by the holder or his or her agent, and the cancellation is apparent, the bill is discharged.

  1.  

    (2)   In like manner, any party liable on a bill may be discharged by the intentional cancellation of his or her signature by the holder or his or her agent. In such case, any indorser who would have had a right of recourse against the party whose signature is cancelled, is also discharged.

  1.  

    (3)   A cancellation made unintentionally, or under a mistake, or without the authority of the holder, is inoperative; but where a bill or any signature appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake, or without authority.

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