LAWS OF TRINIDAD AND TOBAGO
16 Chap. 82:33 Hire Purchase
(8) Where damages have been awarded against the owner
in the proceedings the Court may treat the hirer as having paid in
respect of the hire-purchase price, in addition to the actual amount
paid, the amount of the damages, or such part thereof as the Court
thinks fit, and thereupon the damages shall accordingly be remitted
either in whole or in part.
(9) In this section the expression “order for the specific
delivery of the goods to the owner” means an order for delivery of
the goods to the owner, without giving the hirer an option to pay
their value, and the expression “price” in relation to any goods
means such part of the hire-purchase price as is assigned to those
goods by the note or memorandum of the hire-purchase agreement,
or, if no such assignment is made, such part of the hire-purchase
price as the Court may determine.
(10) If at any time before the hearing of an action to which
this section applies the owner has recovered possession of a part
of the goods, the references in subsection (4) to all the goods shall
be construed as references to all the goods which the owner has
not recovered, and, if the parties have not agreed upon an
adjustment of the hire-purchase price in respect of the goods so
recovered, the Court may for the purposes of subsection (4)(b)
and (c) make such reduction of the hire-purchase price and of the
unpaid balance thereof as the Court thinks just.
(11) Where an owner has recovered a part of the goods let
under a hire-purchase agreement, and the recovery was effected in
contravention of section 13, this section shall not apply in relation
to any action by the owner to recover the remainder of the goods.
(12)(a) A Petty Civil Court shall have jurisdiction to hear
and determine an action referred to in subsection (1)
notwithstanding that the hire-purchase price of the goods claimed
in such action exceeds five thousand dollars, and, subject as
hereinafter provided, the provisions of the Petty Civil Courts Act,
including the provisions relating to appeals, and of any Rules made
thereunder shall apply in respect of every such action as they apply
in respect of actions which a Petty Civil Court is authorised to
hear and determine under the said Act.
Ch. 4:21.