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395.   Rules where laws conflict

Revised Laws of Saint Lucia (2021)

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CHAPTER 11
CONFLICT OF LAWS

395.   Rules where laws conflict

Where a bill drawn in one country is negotiated, accepted, or payable in another, the rights, duties, and liabilities of the parties are determined as follows—

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    (1)   The validity of a bill, as regards requisites in form, is determined by the law of the place of issue, and validity as regards requisites in form of the supervening contracts, such as acceptance, or indorsement, or acceptance supra protest, is determined by the law of the place where such contract was mad: Provided that—

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      (a)      where a bill is issued out of Saint Lucia, it is not invalid by reason only that it is not stamped in accordance with the law of the place of issue;

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      (b)      where a bill, issued out of Saint Lucia, conforms, as regards requisties in form, to the law of Saint Lucia, it may, for the purpose of enforcing payment be treated as valid, as between all persons who negotiate, hold, or become parties to it in Saint Lucia.

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    (2)   The interpretation or the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made: Provided that, where an inland bill is indorsed in a foreign country, the indorsement shall, as regards the payer, be interpreted according to the law of Saint Lucia.

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    (3)   The duties of a holder, with respect to presentment for acceptance or payment, and the necessity for or sufficiency of a protest or notice of dishonour, or otherwise are determined by the law of the place where the act is done or the bill is dishonoured.

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    (4)   Where a bill is drawn out of, but payable in, Saint Lucia, and the sum payable is not expressed in the currency of the United Kingdom, the amount shall, in the absence of some express stipulation, be calculated according to the rate of exchange for sight drafts, at the place of payment on the day the bill is payable.

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    (5)   Where a bill is drawn in one country and is payable in another, the due date is determined according to the law of the place where it is payable.

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