Section 16 of The Consumer Protection Act CAP 501: Rescinding agreement
(1) Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages.
(2) A consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible—
(a) because the return or restitution of the goods or services is no longer possible; or
(b) because rescission would deprive a third party of a right in the subject matter of the agreement that the third party has acquired in good faith and for value.
(3) The consumer may express notice in any way as long as it indicates the intention of the consumer to rescind the agreement or to seek recovery where rescission is not possible and the reasons for so doing and the notice meets any requirements that may be prescribed.
(4) Notice may be delivered in the manner used when entering into the contract.
(5) If notice is delivered other than by personal service, the notice shall be deemed to have been given when sent.
(6) The consumer may send or deliver the notice to the person with whom the consumer contracted at the address set out in the agreement or, if the consumer did not receive a written copy of the agreement or the address of the person was not set out in the agreement, the consumer may send or deliver the notice— (a) to any address of the person on record with the consumer; or (b) to an address of the person known by the consumer.
(7) If a consumer has delivered notice and has not received a satisfactory response within the prescribed period, the consumer may commence an action.
(8) In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the agreement.
(9) A court may award exemplary or punitive damages in addition to any other remedy in an action commenced under this section.
(10) Each person who engaged in an unfair practice is liable jointly and severally with the person who entered into the agreement with the consumer for any amount to which the consumer is entitled under this section.
(11) If an agreement to which subsection (1) or (2) applies has been assigned or if any right to payment under such an agreement has been assigned, the liability of the person to whom it has been assigned is limited to the amount paid to that person by the consumer.
(12) When a consumer rescinds an agreement under subsection (1), such rescission operates to cancel, as if they never existed—
(a) the agreement;
(b) all related agreements;
(c) all guarantees given in respect of money payable under the agreement;
(d) all security given by the consumer or a guarantor in respect of money payable under the agreement; and
(e) all credit agreements, as defined in Part VII, and other payment instruments, including promissory notes—
(i) extended, arranged or facilitated by the person with whom the consumer reached the agreement; or (ii) otherwise related to the agreement.
(13) If a consumer is required to give notice under this Part in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so.
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- Section 17 - Application of Part
(1) Despite sections 78 and 79, in the prescribed circumstances, the effect of cancellation of a consumer agreement to which this Part applies by a consumer and the obligations arising as a result of...
- Section 18 - Requirement for future performance agreements
Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.
- Section 19 - Cancelling future performance agreements
A consumer may cancel a future performance agreement within one year after the date of entering into the agreement if the consumer does not receive a copy of the agreement that meets the requirements...
- Section 20 - Repossession after payment of two-thirds
(1) Where a consumer under a future performance agreement has paid two-thirds or more of his or her payment obligation as fixed by the agreement, any provision in the agreement, or in any security...
- Section 21 - Late delivery
(1) A consumer may cancel a future performance agreement at any time before delivery under the agreement or the commencement of performance under the agreement if the supplier—
(a) does not make...
- Section 22 - Requirements for time share agreements
Every time share agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.
- Section 23 - Cancellation of time share agreements
(1) A consumer may, without any reason, cancel a time share agreement atany time from the date of entering into the agreement until ten days after receiving the written copy of the agreement.
(2) In...
- Section 24 - Requirements for personal development services agreements
(1) Every personal development services agreement shall be—
(a) in writing;
(b) delivered to the consumer;
(c) made in accordance with the prescribed requirements.
(2) No supplier shall require or...
- Section 25 - An agreement is for one year
(1) No personal development services agreement may be made for a termlonger than one year after the day that all the services are made available to the consumer.
(2) Any personal development services...
- Section 26 - Only one agreement
(1) No supplier shall enter into a new agreement for personal developmentservices with a consumer with whom the supplier has an existing agreement for personal development services unless the new...
- Section 27 - Initiation fee
No supplier of personal development services shall— (a) charge a consumer more than one initiation fee; or
(b) charge an initiation fee that is greater than twice the annual membership fee.
- Section 28 - Installment plans
(1) Every supplier of personal development services shall make available to consumers at least one plan for installment payments of membership fees and initiation fees, if applicable, that allow...
- Section 29 - Cancellation: cooling-off period
(1) A consumer may, without any reason, cancel a personal development services agreement at any time within ten days after the later of receiving the written copy of the agreement and the day all the...
- Section 30 - Trustee for payment for unavailable services
(1) No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made.
(2) Subsection (1) does not apply when one of the...
- Section 31 - Disclosure of information on internet agreement
(1) Before a consumer enters into an internet agreement, the supplier shalldisclose the prescribed information to the consumer.
(2) The supplier shall provide the consumer with an express opportunity...
- Section 32 - Copy of internet agreement
(1) A supplier shall deliver to a consumer who enters into an internet agreementa copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.
(2) The...
- Section 33 - Cancellation of internet agreement
(1) A consumer may cancel an internet agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if—
(a) the supplier did...
- Section 34 - Requirements for direct agreements
Every direct agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements.
- Section 35 - Cancellation of direct agreements
(1) A consumer may, without any reason, cancel a direct agreement at any timefrom the date of entering into the agreement.
(2) In addition to the right under subsection (1), a consumer may cancel a...
- Section 36 - Disclosure of information on remote agreements
Before a consumer enters into a remote agreement, the supplier shall disclose the prescribed information to the consumer and shall satisfy the prescribed requirements.
- Section 37 - Copy of remote agreement
(1) A supplier shall deliver to a consumer who enters into a remote agreement a copy of the agreement in writing within the prescribed period after the consumer enters into the agreement.
(2) The...
- Section 38 - Cancellation of remote agreement
(1) A consumer may cancel a remote agreement at any time from the date the agreement is entered into until seven days after the consumer receives a copy of the agreement if the supplier fails to...
- Section 39 - Requirements for consumer agreements on loan brokering, etc.
Every consumer agreement for loan brokering, credit repair or for the supply of such other goods or services as may be prescribed shall be in writing, shall be delivered to the consumer and shall be...
- Section 40 - Advance payments prohibited
(1) No operator shall require or accept any payment or any security for a payment, directly or indirectly, from or on behalf of a consumer unless and until—
(a) in respect of loan brokering, the...
- Section 41 - Cancellation of consumer agreement on loan brokering, etc.
(1) A consumer who is a party to an agreement for loan brokering, credit repairor the supply of such goods and services as may be prescribed may, without any reason, cancel the agreement at any time...
- Section 42 - Officers and Director
The officers and directors of an operator are jointly and severally liable for any remedy in respect of which a person is entitled to commence a proceeding against the operator.
- Section 43 - Prohibited representations
An operator shall not communicate or cause to be communicated any representation that is prescribed as a prohibited representation.
- Section 44 - Estimates
(1) No repairer shall charge a consumer for any work or repairs unless the repairer first gives the consumer an estimate that meets the prescribed requirements.
(2) Despite subsection (1), a repairer...
- Section 45 - Estimate fee
(1) Subject to subsection (3), no repairer shall charge a fee for an estimate unless the consumer is told in advance that a fee will be charged and the amount of the fee.
(2) A fee for an estimate...
- Section 46 - Authorization required
(1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs.
(2) No repairer shall charge, for work or repairs for which an estimate was given, an amount...
- Section 47 - Authorization not in writing
If an authorization required by section 44, 45 or 46 is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements.
- Section 48 - Posting signs
A repairer shall post the prescribed signs in accordance with the prescribed requirements.
- Section 49 - Return of parts
(1) Every repairer shall offer to return to the consumer all parts removed in thecourse of work or repairs and shall return all such parts unless advised when the work or repairs are authorized that...
- Section 50 - Invoice
The repairer shall, on completion of work or repairs, deliver to the consumer an invoice containing the prescribed information in the prescribed manner.
- Section 51 - Warranty for vehicles
(1) On the repair of a vehicle, every repairer shall be deemed to warrant all new or reconditioned parts installed and the labour required to install them for a minimum of ninety days or five thousand...
- Section 52 - Consistent cost
No repairer shall give an estimate or charge an amount for work or repairs that is greater than that usually given or charged by that repairer for the same work or repairs merely because the cost is...
- Section 53 - Application of Part
(1) This Part does not apply to a supplier credit agreement that—
(a) requires the borrower to make payment in full in a single payment within a certain period after the supplier delivers a written...
- Section 54 - Agreement for credit card
(1) Notwithstanding any other provision of this Act, a consumer who applies fora credit card without signing an application form or who receives a credit card from a credit card issuer without...
- Section 55 - Limiting liability for unauthorized charges
A borrower is not liable for any amount that is greater than the prescribed maximum for unauthorized charges under a credit agreement for open credit.
- Section 56 - Consequence of non-disclosure
A borrower under a credit agreement is not liable to pay the lender—
(a) the cost of borrowing under a credit agreement if the borrower receives no statements required by this Part; or
(b) as part...
- Section 57 - Correcting errors
If there is an error in a statement of account issued under a credit agreement for open credit, the lender shall correct the error in accordance with the prescribed requirements.
- Section 58 - Required insurance
(1) A borrower who is required under a credit agreement to purchase insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the...
- Section 59 - Termination of optional services
(1) A borrower may terminate an optional service of a continuing nature provided by the lender or an associate of the lender on giving thirty days' notice or such shorter period of notice as is...
- Section 60 - Deferral of payments
(1) If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must disclose whether or not interest will...
- Section 61 - Default charges
A lender is not entitled to impose on a borrower under a credit agreement default charges other than—
(a) reasonable charges in respect of legal costs that the lender incurs in collecting or...
- Section 62 - Prepayment
(1) A borrower is entitled to pay the full outstanding balance under a credit agreement at any time without any prepayment charge or penalty.
(2) If a borrower prepays the full outstanding balance...
- Section 63 - Disclosure representation
No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations comply with the...
- Section 64 - Disclosure of brokerage fee
(1) If the borrower pays or is liable to pay a brokerage fee to a loan broker, eitherdirectly or through a deduction from an advance, the initial disclosure statement for the credit agreement must...
- Section 65 - Initial disclosure statement
(1) Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower at or before the time that the borrower enters into the agreement, unless the lender has adopted...
- Section 66 - Subsequent disclosure on fixed credit
(1) If the interest rate in a credit agreement for fixed credit is a floating rate, the lender shall, at least once every twelve months after entering into the agreement, deliver to the borrower a...