Revised Laws of Saint Lucia (2021)

9.   Unenforceable hire-purchase agreements

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    (1)   Subject to subsection (2), an owner shall not be entitled to enforce a hire-purchase agreement or any right to recover the goods from the hirer, and no security by the hirer in respect of money payable under the hire-purchase agreement or given by a guarantor in respect of money payable under such a contract of guarantee shall be enforceable against the hirer or guarantor by any holder, unless the requirements set out in section 8 have been complied with.

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    (2)   Notwithstanding subsection (1), where the court is satisfied that—

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      (a)     a failure to comply with any of the requirements set out in section 8 has not prejudiced the hirer; and

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      (b)     it would be just and equitable to dispense with such of the requirements mentioned in paragraph (a),

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    the court may, subject to any conditions that it thinks fit to impose, dispense with those requirements for the purpose of the action.

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    (3)   A hire-purchase agreement is void if it includes a provision that—

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      (a)     an owner or any person acting on his or her behalf is authorized to enter forcibly on any premises for the purpose of taking possession of goods which have been let under a hire-purchase agreement, or is relieved from liability for any such forcible entry;

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      (b)     the right conferred on a hirer by this Act to terminate the hire-purchase agreement is excluded or restricted;

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      (c)     any liability in addition to the liability imposed by this Act is imposed on a hirer by reason of the termination of the hire-purchase agreement by him or her under this Act;

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      (d)     the right conferred on a hirer by this Act to remedy the breach of a hire-purchase agreement in accordance with the provisions of this Act is excluded or restricted;

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      (e)     a person acting on behalf of an owner in connection with the formation or conclusion of a hire-purchase agreement is treated as or deemed to be the agent of the hirer;

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      (f)     an owner is relieved from liability for the acts or defaults of any person acting on his or her behalf in connection with the formation or conclusion of a hire-purchase agreement; or

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      (g)     an owner requires the hirer to purchase any extended warranty during the hire-purchase agreement period.