Investor Presentaiton
[Rev. 2016]
No. 46 of 2012
Consumer Protection
(2) Despite subsection (1), a court may order that a consumer is bound by all
or a portion or portions of a consumer agreement, even if the agreement has not
been made in accordance with this Act or the Regulations, if the court determines
that it would be inequitable in the circumstances for the consumer not to be bound.
(3) The provisions of this section shall not apply to those agreements made
before the coming into force of this section.
78. Cancellation of consumer agreement
(1) If a consumer has a right to cancel a consumer agreement under this Act, the
consumer may cancel the agreement by giving notice in accordance with section
76.
(2) The cancellation takes effect when the consumer gives notice.
79. Effect of cancellation
(1) The cancellation of a consumer agreement in accordance with this Act
operates to cancel, as if they never existed-
(a) the consumer agreement;
(b) all related agreements;
(c) all guarantees given in respect of money payable under the consumer
agreement;
(d) all security given by the consumer or a guarantor in respect of money
payable under the consumer agreement; and
(e) all credit agreements, as defined in Part VII, and other payment
instruments, including promissory notes―
(i)
(ii)
extended arranged or facilitated by the person with whom the
consumer reached the consumer agreement; or
otherwise related to the consumer agreement.
(2) The provisions of this section shall not apply to those agreements made
before the coming into force of this section.
80. Obligations on cancellation
(1) If a consumer cancels a consumer agreement, the supplier shall, unless
the contrary is provided for in the agreement, in accordance with the prescribed
requirements-
(a) refund to the consumer any payment made under the agreement or
any related agreement; and
(b) return to the consumer in a condition substantially similar to when they
were delivered all goods delivered under a trade-in arrangement or
refund to the consumer an amount equal to the trade- in allowance.
(2) Upon canceling a consumer agreement, the consumer, in accordance
with the prescribed requirements and in the prescribed manner, shall permit the
goods that came into the consumer's possession under the agreement or a related
agreement to be repossessed, shall return the goods or shall deal with them in
such manner as may be prescribed.
(3) If a consumer cancels a consumer agreement, the consumer shall take
reasonable care of the goods that came into the possession of the consumer under
the agreement or a related agreement for the prescribed period.
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