Revised Laws of Saint Lucia (2021)

17.   Assignment by owner

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    (1)   The damages that a hirer may recover from an assignee for breach of a term implied in a hire-purchase agreement or under this Act shall be limited to an amount not exceeding the amount owing by the hirer to the owner under the hire-purchase agreement at the date of the assignment.

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    (2)   Without prejudice to any other rights or remedies to which the assignee may be entitled, the assignee shall, subject to any agreement with the owner, be entitled to be indemnified by the owner against any damage suffered by the assignee by reason of—

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      (a)     the liability of the assignee to the hirer either in respect of a breach of a term implied in the hire-purchase agreement pursuant to this Act;

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      (b)     the exercise by the hirer of any right to rescind the hire-purchase agreement; or

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      (c)     any relief granted by the Court, unless the relief was granted in respect of an act or omission of the assignee.

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    (3)   Where the assignee is entitled to be indemnified by the owner in accordance with subsection (3) the assignee shall also be entitled to exercise any rights that the owner has in respect of the goods comprised in the hire-purchase agreement against the person who supplied those goods to the owner.

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    (4)   An assignment of the rights of the owner under a hire-purchase agreement shall not affect any right of the hirer to rescind the hire-purchase agreement or to recover damages from the person who disposed of the goods under the hire-purchase agreement or the dealer or any person who acted on behalf of either or both of them.