Revised Laws of Saint Lucia (2021)

158.   Defences in civil proceedings

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    (1)   In any proceedings under this Part in respect of a defect in a product it is a defence to show that —

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      (a)     the defect is attributable to compliance with a requirement imposed by or under any enactment;

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      (b)     the product was not at any time supplied by the defendant;

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      (c)     the following conditions are satisfied —

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        (i)     that the only supply of the product to another by the supplier was otherwise than in the course of a business of the supplier,

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        (ii)     that section 132(1)(a) does not apply to the supplier, or applies to him or her by virtue only of things done otherwise than with a view to profit;

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      (d)     the defect did not exist in the product at the time;

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      (e)     the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it has existed in his or her products while they were under his or her control; or

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      (f)     the defect constituted a defect in a product that was wholly attributable to the design of the subsequent product or to compliance by the producer to the product in question with instructions given by the producer of the subsequent product.

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    (2)   In this section, “in the course of a business” means the daily or routine peculiar to a trade involving purchase, production and sale of usual goods or service and payment and receipt of money.