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Revised Laws of Saint Lucia (2021)

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TITLE 8
INSURANCE

PART 1
MARINE INSURANCE

417. Marine insurance defined

A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.

417. Marine insurance defined

2. Commercial domicile

4. Capacity in general

5. Married women

6. Separate trade

7. (Repealed by Act 5 of 1957)

9. Method of keeping accounts prescribed

10. Admissibility as evidence

12. Right of purchaser to use name of vendor

14. Vendor using old name

15. Value or goodwill

16. Unfair competition

17. Covenants in restraint of trade

18. Forms of association

19. Prohibition of partnerships exceeding certain number

20. Registration

21. Definition of partnership

22. Rules for determining existence of partnership

23. Postponement of rights of person lending or selling in consideration of share of profits in caseof insolvency

24. Power of partner to bind the firm

25. Partners bound by acts on behalf of firm

26. Partner using credit of firm for private purposes

27. Effect of notice that firm will not be bound by acts of partner

28. Liability of partners

29. Liability of the firm for wrongs

30. Misapplication of money or property received for or in custody of the firm

31. Liability for wrongs joint and several

32. Improper employment of trust property for partnership purposes

33. Persons liable by “holding out”

34. Admissions and representations of partners

35. Notice to acting partner to be notice to the firm

36. Liabilities of incoming and outgoing partners

37. Revocation of continuing guaranty by change in firm

38. Variation by consent of terms of partnership

39. Partnership property

40. Property bought with partnership money

41. Conversion into personal estate of land held as partnership property

42. Procedure against partnership property for a partner's separate judgment debt

43. Rules as to interests and duties of partners subject to special agreement

44. Expulsion of partner

45. Retirement from partnership at will

3. Conflict of laws

46. Where partnership for term is continued over, continuance on old terms presumed

47. Duty of partners to render accounts etc.

48. Accountability of partners for private profits

49. Duty of partner not to compete with firm

50. Rights of assignee of share in partnership

51. Dissolution by expiration or notice

52. Dissolution by banruptcy, death, or charge

53. Dissolution by illegality of partnership

54. Dissolution by the court

55. Rights of persons dealing with firm against apparent members of firm

56. Right of partners to notify dissolution

13. Soliciting customers of old business

57. Continuing authority of partners for purposes of winding up

58. Rights of partners as to application of partnership property

59. Apportionment of premium where partnership prematurely dissolved

60. Rights where partnership dissolved for fraud or misrepresentation

61. Rights of outgoing partner in certain cases to share profits made after dissolution

62. Retiring or deceased partner's share to be a debt

63. Rules for distribution of assets on final settlement of accounts

64. General partner

65. Definition and constitution of limited partnership

66. Registration required

67. Modifications of general law in case of limited partnership

68. Registration

69. Registration of changes

70. Advertisement in gazette

71. The registrar

240. Interpretation

241. Powers of mercantile agent with respect to disposition of goods

242. Effect of pledges of documents of title

243. Pledge for antecedent debt

244. Rights acquired by exchange of goods or documents

246. Provisions as to consignors and consignees

247. Definition

248. Duties of factors

249. Implied authority of factors

250. Definition

251. Duty of broker

252. Implied authority of broker

253. Insurance brokers

254. Definition

255. Transfer of title

256. Failure of purchaser to pay

257. When liable for conversion

259. Neglect to obtain deposit

260. Retention of deposit until completion

261. Negligent misdescription

262. Bidding at auction sales

263. Official sales

271. INTERPRETATION

271. Sale and agreement to sell

273. Capacity to buy and sell

274. Contract of sale, how made

275. (Repealed by Act 5 of 1957)

276. Existing or future goods

277. Goods which have perished

278. Goods perishing before sale but after agreement to sell

279. Ascertainment of price

280. Agreement to sell at valuation

281. Stipulations as to time

282. When condition to be treated as warranty

283. Implied undertaking as to title, etc.

284. Sale by description

285. Implied conditions as to quality or fitness

286. Sale by sample

287. Goods must be ascertained

288. Property pases when intended to pass

289. Rules for ascertaining intention

290. Reservation of the right of disposal

291. Risk prima facie pases with property

292. Sale by person not the owner

293. Market overt

294. Sale under voidable title

295. Revesting of property in stolen goods on conviction of offender

296. Seller or buyer in possession after sale

297. Effects of writs of execution

298. Duties of seller and buyer

299. Payment and delivery are concurrent conditions

300. Rules as to delivery

301. Delivery of wrong quantity

302. Instalment deliveries

303. Delivery to carrier

304. Risk where goods are delivered at distant place

305. Buyer's right of examining the goods

306. Acceptance

307. Buyer not bound to return rejected goods

308. Liability of buyer for neglecting or refusing delivery of goods

311. Seller's lien

312. Part delivery

313. Termination of lien

314. Right of stoppage in transit

315. Duration of transit

317. Effect of sub-sale or pledge by buyer

318. Sale not generally rescinded by lien or stoppage in transitu

319. Action for price

320. Damages for non-acceptance

321. Damages for non-delivery

323. Remedy for breach of warranty

324. Interest and special damages

325. INTERPRETATION

326. Bills of exchange defined

327. Inland and foreign bills

328. Effect where different parties to bill are the same person

329. Address to drawee

330. Certainty required as to payee

331. What bills are negotiable

332. Sum payable

333. Bill payable on demand

334. Bill payable at a future time

335. Omission of date in bill payable after date

336. Ante-dating and post-dating

338. Case of need

339. Optional stipulations by drawer or indorser

340. Definition and requisites of acceptance

341. Time for acceptance

342. General and qualified acceptances

343. Inchoate instruments

345. Capacity of parties

346. Signature essential to liability

347. Forged or unauthorised signature

348. Procuration signatures

349. Person signing as agent or in representative capacity

350. Value and holder for value

351. Accommodation bill or party

309. Unpaid seller defined

352. Holder in due course

353. Presumption of value and good faith

310. Unpaid seller's rights

354. Negotiation of bill

355. Requisites of a valid indorsement

356. Conditional indorsement

357. Indorsement in blank and special indorsement

358. Restrictive indorsement

316. How stoppage in transitu is effected

359. Negotiation of overdue or dishonoured bill

360. Negotiation of bill to party already liable thereon

361. Rights of the holder

362. When presentment for acceptance is necessary

363. Time for presenting bill payable after sight

364. Rules as to presentment for acceptance and excuses for non-presentment

322. Specific performance

365. Non-acceptance

366. Dishonour by non-acceptance and its consequences

367. Duties as to qualified acceptances

368. Rules as to presentment for payment

368A. Presentment of cheque for payment: alternative place of presentment

368B. Presentment of cheque for payment: alternative means of presentment by banker

369. Excuses for delay or non-presentment for payment

370. Dishonour by non-payment

371. Notice of dishonour and effect of non-notice

372. Rules as to notice of dishonour

373. Excuses for non-notice and delay

375. Duties of holder as regards drawee or acceptor

375A. Holder not obliged to exhibit bill to secure payment

376. Funds in hand of drawee

337. Computation of time of payment

377. Liability of acceptor

378. Liability of drawer or indorser

379. Stranger signing bill liable as indorser

380. Measure of damages against parties to dishonoured bill

381. Transfer by delivery and transferee

382. Payment in due course

383. Banker paying demand draft whereon indorsement is forged

384. Acceptor the holder at maturity

385. Express waiver

386. Cancellation

387. Alteration of bill

388. Acceptance for honour supra protest

389. Liability for acceptor for honour

390. Presentment to acceptor for honour

392. Holder's right to duplicate of lost bill

393. Action on lost bill

394. Rules as to sets

395. Rules where laws conflict

396. Cheque defined

396A. Cheque certification

397. Presentment of cheque for payment

398. Revocation of banker's authority

399. General and special crossings defined

400. Crossing by drawer or after issue

401. Crossing a material part of cheque

402. Duties of banker as to crossed cheques

403. Protection to banker and drawer where cheque is crossed

404. Effect of crossing on holder

404A. Non transferable cheques

405. Protection of banker

405A. Application of articles 399 to 405 to banker's drafts

407. Delivery necessary

408. Joint and several notes

410. Presentment of note for payment

411. Liability of maker

412. Application of part ii to notes

374. Noting or protest of bill

414. Computation of time

415. When noting equivalent to protest

416. Protest when notary not accessible

416A. Regulations

418. Mixed sea and land risks

419. Marine adventure and maritime perils defined

420. Avoidance of wagering or gaming contracts

421. Insurable interest defined

422. When interest must attach

423. Defeasible or contingent interest

424. Partial interest

425. Re-insurance

427. Master's and seamen's wages

428. Advance freight

429. Charges of insurance

430. Quantum of interest

391. Payment for honour supra protest

431. Assignment of interest

432. Measure of insurable value

433. Insurance is ubeerrimae fidei

434. Disclosure by assured

435. Disclosure by agent effecting insurance

436. Representations pending negotiation of contract

437. When contract is deemed to be concluded

438. Contract must be embodied in policy

439. What policy must specify

440. Signature of insurer

441. Voyage and time policies

442. Designation of subject-matter

443. Valued policy

444. Unvalued policy

445. Floating policy by ship or ships

446. Construction of terms in policy

447. Premium to be arranged

448. Double insurance

406. Promissory note defined

450. When breach of warranty excused

409. Note payable on demand

451. Express warranties

453. No implied warranty of nationality

454. Warranty of good safety

455. Warranty of seaworthiness of ship

456. No implied warranty that goods are seaworthy

457. Warranty of legality

458. Implied condition as to commencement of risk

459. Alteration of port of departures

460. Sailing for different destination

461. Change of voyage

464. Delay in voyage

465. Excuses for deviation or delay

466. When and how policy is assignable

467. Assured who has no interest cannot assign

468. When premium payable

469. Policy effected through broker

470. Effect of receipt on policy

471. Included and excluded losses

472. Partial and total loss

473. Actual total loss

474. Missing ship

475. Effect of transhipment, etc.

476. Constructive total loss defined

477. Effect of constructive total loss

478. Notice of abandonment

479. Effect of abandonment

480. Particular average loss

482. General average loss

483. Extent of liability of insurer for loss

484. Total loss

485. Partial loss of ship

486. Partial loss of freight

487. Partial loss of goods, merchandise, etc.

488. Apportionment of valuation

489. General average contributions and salvage charges

490. Liabilities to third parties

491. General provision as to measure of indemnity

449. Nature of warranty

493. Successive losses

494. Suing and labouring clause

452. Warranty of neutrality

495. Right of subrogation

496. Right of contribution

497. Effect of under insurance

498. Enforcement of return

499. Return by agreement

500. Return for failure of consideration

501. Modification in case of mutual insurance

502. Ratifications by assured

503. Slip as evidence

504. Interpretation of terms

463. Several ports of discharge

505. Application of foregoing principles

506. Proof of conditions and events

507. Knowledge of agent

508. Conditions precedent

509. Definition

510. Life policy

511. Sum insured, how payable

512. Gaming and wagering

513. Insurable interest

514. Form of policy

515. Payment of premium

516. Death by felony

517. At what time sufficient

518. Insurable value

519. When and how policy is assignable

520. Foreign insurers

521. Lien on policy for premiums

522. Debtor and creditor

481. Salvage charges

524. Contract defined

525. Policy and risk

529. Description of property

531. Alteration of premises

532. Value at time of loss

533. Losses covered by policy

492. Particular average warranties

534. Contribution

535. Fraudulent claims

536. Insurer's liability

537. Reinstatement

538. Assignment of policy

539. Accident insurance defined

540. Construction of accident policies

541. Guarantee insurance defined

542. Relation to ordinary guarantees

543. Interpretation

544. Acts of bankruptcy

545. Receiving order

547. Proceedings on creditor's petition

548. Order on debtor's petition

549. Effect of receiving order

550. Power to appoint special manager

551. Advertisement of receiving order

552. First meeting of creditors

553. Debtor's statement of affairs

554. Public examination of debtor

555. Composition, etc.

556. Effect of composition or scheme

557. Adjudication where composition not accepted or approved

558. Appointment of trustee

559. Power to accept composition or scheme after adjudication

560. Duties of the debtor as to discovery and realisation of property

561. Arrest of debtor under certain circumstances

562. Re-direction of debtor's letters

563. Discovery of debtor's property

564. Discharge of bankrupt

566. Disqualifications of bankrupt

567. Vacating of office

568. Annulling adjudication and the effect thereof

569. Meaning of payment of debt in full

527. Personal nature of contract

570. Description of debts provable in bankruptcy

571. Mutual credit and set off

572. Proof of debts

573. Priority of debts

574. Relation back of trustee's title

575. Description of bankrupt's property divisible amongst creditors

576. Rights of creditors and duties of sheriff as to seizures in execution

577. Avoidance of voluntary preferences

578. Avoidance of fraudulent preferences

579. Protection of bona fide transactions without notice

580. Possession of property by trustee

581. Seizure of property of bankrupt

582. Appropriation of portion of salary to creditors

583. Vesting and transfer of property

584. Disclaimer of onerous property

585. Powers of trustee

586. Declaration and distribution of dividends

587. Joint and separate dividends

546. When creditor may petition

589. Rights of creditor who has not proved before declarion of dividend

591. No action for dividend

593. Bankrupt's right to surplus

594. Duties of receiver as to the debtor's conduct

595. Duties of receiver as to debtor's estate

596. Remuneration of trustee

597. Payment of money into bank

598. Trustee not to pay into private account

599. Audit of trustee's accounts

600. Trustee to furnish list of creditors

601. Books to be kept by trustee

602. Liability for misfeasance, etc.

603. Effect of application for release

604. Official name of trustee

605. Power to appoint joint or successive trustee

606. Office of trustee vacated by insolvency

607. Removal of trustee

608. Proceedings on vacancy in office of trustee

565. Effect of order of discharge

609. Discretionary powers of trustee and control

610. Appeal to court againstrustee

611. Bankruptcy matters, how entitled and heard

612. Consolidation of petitions

613. Power to change carriage of proceedings

614. Continuance of proceedings on death of debtor

615. Power to stay proceedings

616. Execution of search warrant

617. Execution of companies

618. Administration of partnership estates

619. Application of bankruptcy law to limited partnerships

620. Receiving order where debts or assets not likely to exceed $480

621. Administration in bankruptcy of estate of debtor dying insolvent

622. Rules, forms and tariffs

623. Evidence of proceedings at meetings of creditors

624. Formal defect not to invalidate proceedings

625. Unclaimed dividends

626. Provision in case of misdemeanour

627. Certain provisions to bind the crown

628. Application

629. Complete and provision specifications

630. Contents of specification

588. Provision for distant creditors disputed claims, etc.

631. Priority date of claims of complete specification

632. Examination of applicationn

633. Refusal of application in certain cases

590. Final dividend

634. Right of applicant to be heard

592. Power to allow bankrupt to manage property

635. Assistance and remuneration of experts

636. Acceptance and publication of complete specification

637. Effect of acceptance of complete specification

638. Opposition to grant of patent

639. Grant and sealing of patent

640. Date of patent

641. Form of patent

642. Fraudulent applications for patents

643. Single patent for cognate inventions

644. Term of patent

645. Extension of term of patent

646. Patents of addition

647. Restoration of lapsed patents

648. Amendment of specification by registrar

650. Restriction on recovery of damages

651. Advertisement of amendment

652. Court may order patentee to grant licences

653. Revocation of patent

654. Particulard

655. Hearing with assessor

656. Power to counter-claim for revocation in an action for infringement

657. Exemption of innocent infringer from liability for damages

658. Order for inspection, etc., in action

659. Certificate of validity questioned and costs thereon

660. Remedy in case of groundless threats of legal proceedings

660A. Registration of united kingdom patents

661. Application for registration of designs

662. Registration of designs in new classes

663. Certificate of registration

663A. Protection of designs registered in United Kingdom

664. Copyright on registration

665. Requirements before delivery on sale

666. Effect of disclosure on copyright

667. Inspection of registered designs

668. Information as to existence of copyright

669. Ceasing of copyright

670. Piracy of registered design

671. Application to designs of certain provisions as to patents

672. Trade mark must be for particular goods or services

673. Registrable trade marks

674. Coloured trade marks

675. Restriction on registration

676. Application for registration

677. Advertisement of application

678. Opposition to registration

679. Disclaimers

680. Date of registration

681. Certificate of registration

682. Non-completion of registration

683. Identical marks

684. Rival claims to identical marks

685. Concurrent user

686. Associated trade marks

688. Series of trade marks

689. assignment and user of associated trade marks

690. Application for registration

649. Amendment of specification by the court

691. Standardisation

691A. Defensive registration of well known trade marks

692. Powers of, and restrictions on, assignment and transmission

693. Apportionment of marks on dissolution of partnership

694. Duration of registration

695. Renewal of registration

696. Procedure on expiry of period of registration

697. Status of unrenewed trade mark

698. Removal from register and imposition of limitations on ground of non-use

698A. Registered users

699. Powers of registered proprietor

700. Rights of proprietor of trade mark

701. Registration to be prima facie evidence of validity

702. Registration to be conclusive after 7 years

703. Unregistered trade mark

704. Infringement

705. User of name, address or description of goods

706. “passing off” action

707. International and inter-colonial arrangements

708. Registrar and office

709. Interpretation

710. Register of patents, designs and trade marks

711. No trust to be entered

712. Inspection of and extract from register

713. Publication of annual list

714. Transmission of copies to england

715. Power for registrar to correct clerical errors

717. Rectification of registers by court

717A. Power to expunge or vary registration for breach of condition

718. Registrar to have notice of proceeding for rectification

719. Costs of proceedings before the court

720. Falsification of entries in register

721. False respresentations in respect to patents or designs

722. Unauthorised assumption of royal arms

723. Penalty on falsely representing a trade mark as registered

725. Extension of time

726. Patent to bind crown

687. Combined trade marks

727. Saving for prerogative

730. Rules and forms

716. Entry of assignments and transmissions in registers