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20.   Termination

Revised Laws of Saint Lucia (2021)

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20.   Termination

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    (1)   A hirer shall, at any time before the final payment under a hire-purchase agreement falls due, be entitled to terminate the agreement by giving notice of termination in writing to the owner and at the same time or prior to termination of the hire-purchase agreement shall deliver the goods to the owner during ordinary business hours at the place at which the owner carries on business or to the place specified for that purpose in the hire-purchase agreement.

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    (2)   On termination of the hire-purchase agreement, the hirer shall be liable, without prejudice to any liability that has accrued before the termination, to pay the amount, if any, due in respect of the hire-purchase price immediately before the termination, or such less amounts as may be specified in the hire-purchase agreement.

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    (3)   Where a hirer gives notice of termination of a hire-purchase agreement without delivering the goods as required by subsection (1), such notice shall be of no effect and the hire-purchase agreement shall remain in full force.

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    (4)   Where a hire-purchase agreement has been terminated under this section, the hirer shall, if he or she has failed to take reasonable care of the goods, be liable to pay damages for the failure in accordance with section 14.

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    (5)   Nothing in this section shall prejudice any right of a hirer to terminate a hire-purchase agreement otherwise than by virtue of this section.

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    (6)   Where a hirer—

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      (a)     does any act with regard to the goods to which the agreement relates which is inconsistent with any of the terms of the agreement; or

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      (b)     breaks an express condition which provides that, on the breach the owner may terminate the agreement,

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    the owner shall, subject to subsection (7), be entitled to terminate the agreement by giving the hirer notice of termination in writing.

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    (7)   Where a hire-purchase agreement has been terminated in accordance with subsection (6), a suit or application by the owner shall not be made against the hirer for the recovery of the goods unless and until the owner has served on the hirer a notice in writing—

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      (a)     specifying the particular breach or act complained of; and

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      (b)     if the breach or act is capable of remedy, requiring the hirer to remedy it and the hirer fails within a period of 30 days from the date of the service of the notice to remedy the breach or act if it is capable of remedy.

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