Revised Laws of Saint Lucia (2021)

16.   Assignment by hirer

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    (1)   The right, title and interest of a hirer under a hire-purchase agreement may be assigned absolutely with the consent of the owner or, if his or her consent is unreasonably withheld, with the leave of the Court.

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    (2)   Except as otherwise provided in this section, a payment or other consideration shall not be required by an owner for his or her consent to such an assignment, and where an owner requires any such payment or other consideration for his or her consent, that consent shall be deemed to be unreasonably withheld.

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    (3)   As a condition of granting his or her consent the owner may stipulate that all defaults under the hire-purchase agreement shall be made good and that the assignee submit a statement of credit worthiness.

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    (4)   An owner may require the hirer and the assignee to pay a reasonable sum in respect of any legal or other expenses incurred by the owner in connection with any such assignment.

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    (5)   Except as provided by the owner, the right, title and interest of the hirer under a hire-purchase agreement shall be capable of passing by operation of law to the personal representative of the hirer, and if the hirer is a body corporate, the liquidator may exercise the same rights under the hire-purchase agreement as the body corporate, but nothing in this subsection shall relieve any personal representative or liquidator from compliance with the provisions of the hire-purchase agreement.

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    (6)   Nothing in this section shall limit the rights of parties to a hire-purchase agreement to make their own bargain with regard to assignments, other than assignments of the type described in subsection (1).

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    (7)   Except as provided in subsection (5), nothing in this section shall apply to the passing by operation of law of the right, title or interest of any person under a hire-purchase agreement.