Revised Laws of Saint Lucia (2021)

54.   Implied term as to fitness

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    (1)   Where the consumer under any agreement, expressly or by implication, makes known to the seller, owner or to the dealer or to any servant or agent of the seller, owner or the dealer the particular purpose for which the goods are required, there shall be implied in the agreement a condition that at the time when the goods are delivered to the consumer, or where they were so delivered before the agreement was entered into, they were at the time of delivery, reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly bought, except where—

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      (a)     the goods are second hand goods;

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      (b)     the circumstances otherwise show that the consumer does not rely, or that it is unreasonable for the consumer to rely, on the seller's, owner's or dealer's skill or judgement; or

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      (c)     all conditions and warranties of fitness and suitability are expressly negatived and the seller or owner proves that the consumer has acknowledged in writing that the statement was brought to his or her notice.

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    (2)   Without prejudice to any other rights and remedies to which a seller or owner may be entitled, where the consumer has made known expressly or by implication to the dealer the particular purpose for which the goods are required, the seller or owner is entitled to be indemnified by the dealer against any damage suffered by the seller or owner through the operation of subsection (1) unless the dealer was authorized by the seller or owner to state or imply that the goods were reasonably fit for the particular purpose.