/

/

/

/

/

Revised Laws of Saint Lucia (2021)

Back to Revised Laws of Saint Lucia (2021)

Back to Table of Contents

119. Unreasonable transactions

(1) A supplier shall not supply or agree to supply any particular goods or service to a consumer if the supplier knows, or reasonably ought to have known, or recognized from the interaction between the supplier and the consumer —
1. (a) that the goods or service is materially unsuitable for the purpose to which the consumer intends to apply the goods or service, irrespective of whether the goods or service is of good quality or is reasonably fit for its customary intended purpose; and
1. (b) that the consumer is unlikely to be able to make such a determination, having regard to the nature of the goods or service, and the consumer's apparent age, education, experience, familiarity with such goods or service, and general consumer sophistication.

(2) An unreasonable transaction is unenforceable against a consumer.

(3) A supplier who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

119. Unreasonable transactions

5. Establishment of Board

6. Constitution of Board

7. Disqualification

8. Functions of Board

9. Powers of the Board

10. Acting members

11. Resignations

12. Revocation of appointment

13. Publication of names of members

14. Procedure for meetings

16. Protection of members

17. Disclosure of interest

18. Remuneration of members

19. Expenses of the Board

20. Independence

22. Protection of persons making complaint

23. Receipt of complaint by the Department

24. Investigation by the Department

25. Power to investigate not precluded

26. Power to obtain information, documents and evidence

27. Report to Board

28. Rules by the Director

29. Receipt of report by the Board

30. Rejection of complaint by the Board

31. Informal disposal

32. Hearing instituted by the Board

33. Non-attendance of parties

34. Recommendation of complaint for hearing

35. Rights and obligations of person summoned

36. Documents to be received as evidence

37. General procedure for resolving complaints and disputes in relation to goods

38. Alleged defects requiring proper analysis and laboratory report

39. Receipt and distribution of laboratory report

40. Procedure subsequent to receipt of laboratory reports and responses

41. General procedure for resolving complaints and disputes in relation to services

42. Decisions of the Board

43. Fixed penalties and Orders of the Board

44. Completion of hearing

45. Registration of Order of the Board

46. Options after issue of Order

47. Payment of Order

48. Establishment of Appeals Tribunal

49. Constitution of Appeals Tribunal

51. Resignation

52. Revocation of appointment

53. Temporary members

54. Publication in the Gazette

55. Secretary of Appeals Tribunal

56. Remuneration and allowances

57. Hearings, deliberations and decisions

58. Functions and powers of Appeals Tribunal

59. Proceedings of Appeals Tribunal

60. Validity of proceedings

61. Written terms to be plain and intelligible

63. Excluding, restricting or modifying liability

64. Indemnity from liability

65. Satisfying reasonableness where agreement terminated

66. Liability for breach

67. Right reserved

68. Protection of consumer right

69. Substantive and procedural rights

70. Right to select supplier, goods or service

71. Right to choose and examine goods

72. Right to accept goods or service

73. Right in relation to unsolicited goods or service

76. Right to cancel reservation

77. Right to rescind or cancel agreement

78. Right with respect to delivery of goods or supply of service

79. Right to information in plain and understandable language

80. Right to information in English language

81. Registration of supplier

82. Identification of supplier

83. Product labelling and trade descriptions

84. Disclosure of environmental facts

85. Disclosure of used, re-conditioned, re-built or re-made goods

86. Quality of goods or service

87. Charging consumer for assistance

88. Information to consumer

89. Disclosure of price of goods or service

91. Measurement of goods

92. Written consumer agreement

93. Unlawful provisions of consumer agreement

94. Conditions of demanding and accepting payment

95. Over-selling and over-booking

96. Management of pricing

97. Sales record

98. Utility of sales record

99. Delivery date

100. Approved and non-approved service

104. Loss or damage of defective goods or negligence of manufacturer

105. Return of materially different goods

106. Return of electrical goods

107. Suppliers offering repair service

108. Promotion of goods or service

109. Goods or service acquired by instalment

110. Apportionment of payment where service not received

111. Supplier purporting to act on Bill of Sale

112. Exclusion and restriction from liability from breach of contract and claims

113. Liability for breach of duty or obligation

115. False, misleading or deceptive representation

116. Restrictive trade

117. Unfair method or unfair or deceptive practice

118. Misleading public as to nature of goods or service

120. Unfair or unjust transactions

121. Unconscionable conduct

122. Renegotiation of terms

123. Bait advertising

124. Dual pricing

125. Referral selling

127. Non-delivery of goods or service on contracted date

128. Printing, publishing, distributing, broadcasting or telecasting

129. Rescission

130. Defences for contravention of this Part

131. Interpretation of “consumer safety”

132. General consumer safety requirement

133. Information on goods with inherent risk

134. Consumer safety regulations

135. Contravention of consumer safety regulations

136. Declaration of unsafe goods

137. Imposition of permanent ban

138. Establishment of a regional alert system

139. Voluntary recall

140. Compulsory recall

141. Repair and replacement of goods

143. Effect of recall notice

144. Loss or damage caused by contravention of recall notice

146. Recommendation of the Board

147. Director to have regard to recommendation of the Board

148. Exception in case of danger to public

149. Copies of notices

150. Notification of persons outside Saint Lucia

153. Interpretation: Part 10

154. Liability for defects

155. Defect inferred

156. Damage giving rise to liability

157. Prohibition on exclusions from liability

158. Defences in civil proceedings

159. Interpretation: Part 11

160. Application: Part 11

161. Agreement regarding distance selling contract

162. Prior information requirements

163. Acceptance or refusal of distance contract

164. Right of cancellation

165. Payment by credit or debit card

166. Performance

167. Reasonableness

169. Trade coupons and similar promotions

175. Offences by body corporate

176. Protection of officers of the Department

177. General penalty

178. Amendment of Schedules

179. Regulations

2. Interpretation

4. Application and non-application of this Act

5. Administration of this Part

6. Functions of the Department

7. Powers of the Department

8. Persons making a Complaint

9. Form and Procedure for Making a Complaint

10. Protection of Persons making a Complaint

11. Receipt and Record of Complaint

12. Power to investigate not precluded

13. Investigations

14. Notice to obtain information, documents and evidence

15. Application for Warrant

16. Entering Premises with a Warrant

17. Investigation Report

18. Transmission of Investigation Report to the Council

19. Directives by the Director

20. Protection of the Department

21. Establishment of the Consumer Protection Council

22. COMPOSITION OF COUNCIL

23. Chairperson and Deputy Chairperson

24. Tenure of the Council

25. Functions of the Council

27. Disqualification of a Member

(4) The Minister may make Regulations to exempt from this section any transaction or consumer agreement referred to in subsection (1) that is below a prescribed threshold.75. Right of consumer's estate to choose whether to uphold agreement

28. Leave of Absence of a Member and Alternate Member

29. Resignation

32. Remuneration and other Expenses

33. Secretary of the Council

34. Confidentiality and Oath of Secrecy

35. Independence of the Council

36. Protection of Members and the Secretary

37. Official Seal

38. Meetings of the Council

39. Rejection of a Complaint by the Council

40. Committees of the Council

41. Declaration of Interest and Abstention from Voting

42. Notice for Alternative Dispute Resolution Proceedings

43. Resolution of Dispute

44. Binding Written Agreement and Notice of Fixed Penalty

45. Fixed Penalties

46. Transmission of Written Agreement or Dispute to the Tribunal

47. Directions from the Minister

48. Establishment of Tribunal

49. Constitution of Tribunal

50. Functions of the Tribunal

51. Powers of the Tribunal

52. Resignation

54. Appointment of Temporary Members

55. Publication

56. Recording Secretary

57. Remuneration and Allowances

58. Hearings of the Tribunal

59. Orders of the Tribunal

60. Application to the Commercial Court

62. Unfair terms

74. Right to authorize service

101. Damage resulting from use of goods or service

102. Damaged goods sold to consumer

103. Return of defective goods

126. Pyramid selling

145. Opportunity for hearing

146. Recommendation of the Council

147. Director to have regard to recommendation of the Council

151. Right of appeal against notice

152. Certain action not to affect insurance contracts

168. Ambiguities to benefit consumer

170. Promotional competitions

171. Prohibition and privilege

173. Channel of communication