Relevant bibliographies by topics / Consumer protection act 68 of 2

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Academic literature on the topic 'Consumer protection act 68 of 2'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Consumer protection act 68 of 2"

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Naude, Tjakie, and Elizabeth De Stadler. ""Innovative Orders" Under the South African Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal 22 (April 25, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5108.

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This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give practical effect to the consumer's right of access to redress", including, but not limited to, "any innovative order that better advances, protects, promotes and assures the realisation by consumers of their rights" in terms of the CPA (in addition to any order provided for in the CPA). First, a brief overview of the provisions on interpretation of the CPA is given, to give conte
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Lombard, Marianne. "Parol evidence and the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal 24 (July 5, 2021): 1–27. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9486.

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The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic evidence and observe the maxim pact servanda sunt ‒ is evident and forms the basis of this article. The purpose of consumer protection legislation is to balance the rights of consumers and suppliers, to protect the interests of consumers and to ensure efficient redress for consumers who have been wronged. The parol evidence rule, which is still in effect in South Africa, prohibits e
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Engelhardt, A., and Victor H. Wheble. "The consumer protection act 1987." Clinical Materials 3, no. 1 (1988): 77–78. http://dx.doi.org/10.1016/0267-6605(88)90035-2.

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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 3 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2297.

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The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or no
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Jacobs, Wenette, Philip N. Stoop, and René Van Niekerk. "Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (2017): 301. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2692.

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South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codifie
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Mupangavanhu, Yeukai. "An Analysis of the Dispute Settlement Mechanism under the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (2017): 319. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2526.

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This article critically analyses the provisions of the Consumer Protection Act 68 of 2008, which deals with the enforcement of consumer rights. The Act provides for various forums where consumers can seek redress in cases where their rights have been infringed, impaired or threatened. The article demonstrates that the consumer redress mechanism is an essential component of the Act. However, it argues that having various forums to do so may pose practical challenges, as this may cause confusion and may lead to forum-shopping in cases where an aggrieved consumer has to choose the appropriate for
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Stoop, PN. "The consumer protection act 68 of 2008 and procedural fairness in consumer contracts." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 4 (2016): 1092. http://dx.doi.org/10.4314/pelj.v18i4.10.

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Bauling, Andrea, and Annelize Nagtegaal. "Bread as dignity: The Constitution and the Consumer Protection Act 68 of 2008." De Jure 48, no. 1 (2015): 149–71. http://dx.doi.org/10.17159/2225-7160/2015/v48n1a9.

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Naude, Tjakie. "The protection of low-income consumers under the South African Consumer Protection Act 68 of 2008." Zeitschrift für Europäisches Unternehmens- und Verbraucherrecht 1, no. 4 (2012): 243–53. http://dx.doi.org/10.1007/s13590-012-0026-6.

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Stoop, Philip N., and Chrizell Churr. "Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (2017): 514. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2447.

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The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to wheth
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Dissertations / Theses on the topic "Consumer protection act 68 of 2"

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Burger, Geraldine. "Unfair commercial practices in terms of the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65627.

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The Consumer Protection Act is a comprehensive piece of legislation which aims to regulate the consumer market widely. The South African situation, in comparison with the European Union for example, reveals that the general purpose and principle of the European Unfair Commercial Practice Directive (hereinafter the UCPD) is to create a general statutory duty to trade fairly in consumer transactions. The UCPD aims to eliminate distortions in the international market caused by different laws of unfair trading. The enactment of the CPA is a clear indicator that the legislator has taken note of int
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Van, der Linde Sunel. "Product liability : the common law and the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65735.

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The main purpose of this dissertation is to discuss the influence of the Consumer Protection Act 68 of 2008 (“CPA” or “the Act”) on product liability in South Africa whilst taking into account the common law position which finds application in situations where the CPA does not apply. Under the South African common law, the only recourse available to consumers who suffer harm or sustain an injury as a result of a defective product, is a claim under the law of contract or the law of delict. Claims under both the law of contract and law of delict unfortunately have its shortcomings, most notably
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Westraat, Adele Suzanne. "The influence and interpretation of the Consumer Protection Act 68 of 2008 on hospital exemption clauses." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53209.

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Exemption clauses are commonly used in hospital contracts to exclude the liability of the hospital or hospital personnel for personal injury or death and presented to the patient on a take-it-or-leave-it-basis. Patients usually sign these contracts containing the exemption clauses because it is impossible to negotiate the terms of the contract. Exemption clauses that are not contrary to public policy are enforceable between parties. Courts have generally favoured the application of the principles of freedom of contract and pacta sunt servanda to determine the enforceability of exemption clause
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Lamola, Ronald Ozzy. "Regulation of public property syndication schemes under the Companies Act 71 of 2008 and the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/45982.

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Chausse, Roman. "A comparative and critical discussion of the redress available to consumers by consumer courts in terms of the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26584.

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The fundamental consumer rights granted to consumers by the Consumer Protection Act 68 of 2008 (hereinafter referred to as the CPA) would be without meaning if no avenues of redress were available to enforce them. The National Consumer Commission as well as the National Consumer Tribunal and the consumer courts will enforce the Act. One of the more central and important aims of the CPA (section 69) is to ensure that an aggrieved consumer has access to redress, this also being one of the European Union’s consumer protection rights. The CPA therefore empowers the consumer by setting out redress
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Kamanga, Vikelwa Vicky. "Product labelling and trade descriptions the failure to warn and the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/62541.

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Stenekamp, Marius Walter. "The impact of the Consumer Protection Act 68 of 2008 and related legislation on typical lease agreements." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/25108.

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The common law of lease sets out certain reciprocal rights and duties of lessors and lessees. It also provides for sui generis aspects such as the lessor’s hypothec and the protection of the lessee under the huur gaat voor koop rule. The relatively uncomplicated manner in which the common law has addressed specific issues pertaining to the law of lease has however been influenced by recent legislation that have an impact on various aspects of lease. The Rental Housing Act 50 of 1999 has entrenched parameters for the exercise of certain rights by the lessor and lessee and has introduced Rental
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Van, der Merwe Antoinette. "Does the Consumer Protection Act 68 of 2008 have the effect of reviving the abolished exceptio doli generalis?" Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53199.

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The historical legal exception, the exceptio doli generalis was widely applied and accepted in the South African law of contract as a justifiable defence by a defendant to recind unfair contracts or contractual terms during the twentieth century. Our courts implemented openended or abstract values of equity and fairness in the substantive law in order to allow a defendant to counter claim for the enforcement of an unfair contract. In spite of the wide application of this defence by our courts, it was put to an end in Bank of Lisbon and South Africa Ltd v De Ornelas in 1988. The outcome o
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Biggs, Lynn. "An evaluation of the impact of the Consumer Protection Act 68 of 2008 on the relationship between franchisors and franchisees." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14642.

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The franchising business model is an attractive option for both franchisors and franchisees. Franchisors grant the rights to use their intellectual property and business system to franchisees for a fee. Franchisees buy into the tried-and-tested business system, receive ongoing training and support and operate under an established trade mark or trade name. Fundamental characteristics of the franchise relationship include: the contractual nature thereof, the use of the franchisor‘s intellectual property by the franchisee, operating the franchise outlet according to the franchisor‘s business syst
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De, Veer Carl. "The influence of Part G of the Consumer Protection Act 68 of 2008 on the general principles of contract." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53121.

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This dissertation considers and evaluates how the implementation of the Consumer Protection Act 68 of 2008 ( CPA ) and more specifically Part G thereof influences the common law in relation to contract law and the consumer s rights to fair just and reasonable contract terms, together with considering the pit falls of the CPA in its current form and the sections which require amendment. It will be illustrated that the CPA has been drafted with the clear intention of protecting and benefiting the consumer by codifying the common law provisions in order to strengthen the consumer s position wit
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Books on the topic "Consumer protection act 68 of 2"

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Africa, South. Consumer Protection Act 68 of 2008 & regulations. 2nd ed. Edited by Juta Law (Firm). Juta Law, 2011.

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Africa, South. Consumer Protection Act, 68 of 2008 & rules and regulations. Edited by Juta Law (Firm). Juta Law, 2013.

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K, Das B. Consumer Protection Act, 1986 (Act no. 68 of 1986): The most analytical, critical, exhaustive, and updated commentary ... 2nd ed. Sodhi Publication, 1998.

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Africa, South. Consumer Protection Act 68 of 2008: Reflecting the law as at 31 May 2009. Edited by Juta's Statutes Editors. Juta Law, 2009.

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Africa, South. Consumer Protection Act 68 of 2008: Reflecting the law as at 31 May 2009. Edited by Juta's Statutes Editors. Juta Law, 2009.

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Protecting Consumer Access to Generic Drugs Act of 2007: Hearing before the Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce, House of Representatives, One Hundred Tenth Congress, first session, on H.R. 1902, May 2, 2007. U.S. G.P.O., 2007.

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United States. Congress. Senate. Committee on Agriculture, Nutrition, and Forestry. Dodd-Frank Wall Street Reform and Consumer Protection Act: 2 years later : hearing before the Committee on Agriculture, Nutrition and Forestry, United States Senate, One Hundred Twelfth Congress, second session, July 17, 2012. U.S. Government Printing Office, 2013.

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The Consumer Protection Act 1987 (Commencement No 2) Order 1988 (Statutory Instrument: 1988: 2041 (C 75)). Stationery Office Books, 1988.

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United States. Congress. House. Committee on the Judiciary, ed. 105-2 Hearing: Bankruptcy Reform Act Of 1998; Responsible Borrower Protection Act; And Consumer Lenders And Borrowers Bankruptcy Accountability Act Of 1998 Part II, Serial No 70, Part 2, March 12, 1998. s.n., 1999.

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105-2 Hearing: Bankruptcy Reform Act of 1998; Responsible Borrower Protection Act; and Consumer Lenders and Borrowers Bankruptcy Accountability Act of 1998 Part III, March 18, 1998. s.n., 2000.

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Book chapters on the topic "Consumer protection act 68 of 2"

1

Hodges, Christopher. "The Consumer Protection Act 1987." In Product Liability: Law and Insurance. Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9781003123095-2.

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Sirur, Subodh. "Consumer Protection Act and the Aesthetic Patient." In ACS(I) Textbook of Cutaneous and Aesthetic Surgery (2 Volumes). Jaypee Brothers Medical Publishers (P) Ltd., 2018. http://dx.doi.org/10.5005/jp/books/14122_139.

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Mestri, Shashidhar. "Chapter-23 Consumer Protection Act and the Medical Profession." In Manual of Forensic Medicine for Doctors, Police Officers, Lawyers and Nurses 2/Ed. Jaypee Brothers Medical Publishers (P) Ltd., 2003. http://dx.doi.org/10.5005/jp/books/10468_23.

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Furmston, M. P. "2. Some Factors Affecting Modern Contract Law." In Cheshire, Fifoot, and Furmston's Law of Contract. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198747383.003.0002.

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This chapter discusses factors affecting contract law which will be met in the rest of this book. It can usefully be read both at the beginning and the end of the book. These include continental influence in the nineteenth century; the influence of economic theory; inequality of bargaining power; the use of standard form contracts; consumer protection; the relationship between standard form contracts, inequality of bargaining power, and consumer protection; contractual behaviour; the interrelationship of contract and tort; good faith in contract law; the globalization of contract law; and the Human Rights Act 1998.
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Payne, Alistair, and David Fixler. "Australia (‘.au’)." In Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.003.0010.

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Trade marks and trade names are protected in Australia by a combination of registered trade mark protection (Trade Marks Act 1995 (Cth) (TMA), the action in ‘passing off’ at common law and by the prohibitions on misleading or deceptive conduct and false association under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010) ss 18 and 29 (corresponding provisions under previous legislation: Trade Practices Act 1974, ss 52 and 53).
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Fairgrieve, Duncan, and Richard Goldberg. "Products Within The Strict Liability Regime." In Product Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199679232.003.0011.

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Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ‘product’ means ‘any goods or electricity and … includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise’. Notwithstanding the short title of the Act, the definition of product is sufficiently broad to have a wider application than merely to consumer goods. For example, disasters resulting from chemicals or aircraft could be litigated under the Act, as could asbestos and other toxic substances which have given rise to much litigation in the United States.
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Wang, Tawei, and Yen-Yao Wang. "An Overview of Recent Development in Privacy Regulations and Future Research Opportunities." In Handbook of Research on Cyber Crime and Information Privacy. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-5728-0.ch005.

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This chapter provides an overview of several recently proposed or passed privacy-related regulations, including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Illinois Video Interview Act, Data Broker Regulations in Vermont, and Privacy Bill of Rights Act, and related but very limited studies. Toward the end, several research opportunities are discussed. These research opportunities include (1) economic consequences of these new regulations and (2) the new research framework to capture novel features of these regulations to explain security compliance. The authors further discuss possible research designs to address the proposed research opportunities. This chapter provides both professionals and researchers additional insights on the regulation of privacy issues.
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Wang, Tawei, and Yen-Yao Wang. "An Overview of Recent Development in Privacy Regulations and Future Research Opportunities." In Research Anthology on Privatizing and Securing Data. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-8954-0.ch001.

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This chapter provides an overview of several recently proposed or passed privacy-related regulations, including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Illinois Video Interview Act, Data Broker Regulations in Vermont, and Privacy Bill of Rights Act, and related but very limited studies. Toward the end, several research opportunities are discussed. These research opportunities include (1) economic consequences of these new regulations and (2) the new research framework to capture novel features of these regulations to explain security compliance. The authors further discuss possible research designs to address the proposed research opportunities. This chapter provides both professionals and researchers additional insights on the regulation of privacy issues.
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Fairgrieve, Duncan, and Richard Goldberg. "The Types of Damage or Loss compensated." In Product Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199679232.003.0020.

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There may be major difficulties in determining the types of damage or loss which will be compensated in product liability litigation and this is so whether the claim is based on the strict liability provisions of Pt 1 of the Consumer Protection Act 1987 or the general law of negligence. In some cases it will be clear that the 1987 Act is inapplicable and hence that the standard requirements of the law of negligence must be met or the existence of a contractual claim established. For example, the defendant may not be a person who is potentially subject to liability under s 2 of the Act or the damage may be of a type which the Act does not compensate. Alternatively, a claim under the Act may be barred by virtue of the expiry of a limitation period or, and this is increasingly less likely with the passage of time, because the relevant product was supplied before the Act came into force on 1 March 1988.
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Merkin, Robert, and Séverine Saintier. "14. Misrepresentation." In Poole's Casebook on Contract Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198817864.003.0014.

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The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract may include a statement that is a mere puff, a representation, or a contractual term. In the case of a representation, the maker asserts the truth of certain facts and thus induces the contract. In case of an actionable misrepresentation (an unambiguous false statement of fact which induces the other party to enter into the contract), the contract may be rendered voidable, that is, liable to be set aside or rescinded. In some instances, the injured party may claim for damages designed to restore him to his original position. This chapter examines the identification of actionable misrepresentation, duties of disclosure, types of misrepresentations, rescission as a remedy, damages for misrepresentation, including the damages available in section 2 of the Misrepresentation Act 1967, and the effect of contributory negligence in any damages award. Finally, the chapter examines exclusion of liability for non-fraudulent misrepresentation and the effect of ‘non-reliance’ clauses in contracts. In the consumer context, it also notes the criminal offences in certain instances of misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the extension to include civil remedies for misleading actions.
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