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Dissertations / Theses on the topic 'Consumer protection act 68 of 2'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Rudman, Jolandi. "The influence of the Consumer Protection Act 68 of 2008 and the plain language requirement of pharmaceutical product labelling." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60089.

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The dissertation deals with the influence of the plain language requirement provided for in section 22 of the Consumer Protection Act 68 of 2008 (CPA) on the current practice of pharmaceutical product labelling. The introduction in Chapter 1 sets the scene by providing an overview of the dissertation: It includes a brief description and layout of the chapters; a discussion of the research problem and aims; a demarcation of the methodology used; and an explanation of the scope, limitations and delineations of the study. The focus in chapter 2 is on prescription medication and the legisla

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12

Modiba, Moeketsi Thomas. "The influence of the Consumer Protection Act 68 of 2008 on the concept of plain language in standard-form contracts." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53160.

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The purpose of this dissertation and the research contained therein was to discuss and investigate the influence of the CPA on concept of plain language in standard-form consumer contracts. In order to do so, it was important to discuss the historic background of the law of contract as well as the position where the CPA was not applicable. This refers to a position where common law principles determined the law of contract (including standardform contracts). One of the fundamental principles of common law is freedom of contract. Freedom of contract is a notion that parties are free to de

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13

De, Stadler Elizabeth Briers. "The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/27809.

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The Consumer Protection Act 68 ('the CPA') came into effect on 31 March 2011. In broad terms, the purpose of the CPA is to promote the social and economic welfare of consumers. Specific reference is made to reducing disadvantages suffered by vulnerable consumers. The question posed in this thesis is whether the scope of the application of the CPA in relation to transactions for goods is consistent with the purpose of the Act, but also how it compares to the approaches taken in the European Union, United Kingdom and Australia. It is argued that the application provisions are not always fair, ra

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14

Erasmus, Christo. "Consumer protection in international electronic contracts / C. Erasmus." Thesis, North-West University, 2011. http://hdl.handle.net/10394/6917.

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Since the Internet became available for commercial use in the early 90s, the way of doing business was changed forever. The Internet and electronic commerce have allowed people to carry out business by means of electronic communications, which makes it possible for them to do business and to conclude contracts with people situated within foreign jurisdictions. The need for consumer protection in electronic commerce has become necessary because of the misuse of aspects peculiar to electronic–commerce. Consumers have been cautious to make use of electroniccommerce, as they are uncertain about th

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15

Rheeders, Anjo. "The international interpretation of unconscionable conduct and the unconscionability factors contained in section 40 of the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53182.

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This dissertation interprets the meaning and application of the concept unconscionable conduct as well as the factors that constitute unconscionability, contained in section 40(1) of the Consumer Protection Act 68 of 2008 (CPA), by comparing consumer laws and definitions from different countries with South Africa. This dissertation illustrates that the generic term unconscionable conduct is not well known in South Africa, despite the provision thereof in the CPA. There is consequently uncertainty regarding this concept and it is therefore necessary to include a more in depth definition an

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16

Marlow, Ilse. "The duties of the estate agent in the sale of residential property and the influence of the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77411.

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The main purpose of this dissertation is to critically analyse the duties of an estate agent in the sale of residential property under the Consumer Protection Act 68 of 2008 (CPA). To present a comprehensive analysis of the research, one has to look further than the CPA, to also include the consumer protection measures which existed prior to the CPA in terms of the Estate Agency Affairs Act 112 of 1976 (EAAA) and the common law, as it is clear that the CPA aims to include the rights of consumers as provided for in industry-specific legislation (section 2(9) of the CPA) and the common law (sect

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17

Munnik, Mariska. "The impact of Section 22 of the Consumer Protection Act 68 of 2008 on drafting principles in the South African law of contract." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53166.

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In this dissertation, the impact of section 22 of the Consumer Protection Act, 68 of 2008 on the drafting of contracts in South Africa is investigated. It was shown that there has been a great shift internationally to the drafting of consumer documents in plain language. Some jurisdictions even have statutory guidelines for drafting in plain language. The benefits of drafting in plain language were also mentioned. The South African plain language drafting situation is quite unique, with the question of what the characteristics of an ordinary consumer are, posing to be the most importan

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18

Strydom, Zinta. "A critical analysis of strict product liability in South Africa." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/25110.

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The goal of this dissertation is to highlight the ambiguities contained in section 61 of the Consumer Protection Act 68 of 2008 (CPA), which attempts to introduce strict product liability for the entire supply chain in the event of product failure, and to propose amendments from which both the consumer as well as the supply chain could benefit. The new dispensation of strict product liability will lead to a step away from the no-fault based liability system that our courts have implemented for decades. Although this system is unfamiliar to South Africa, strict liability regimes have been follo

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19

Kruger, Heila Levina Helena Catharina. "The influence of the Consumer Protection Act 68 of 2008 on the common law obligations of the seller vis-à-vis risk and duty to take care, eviction, and defects." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26660.

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This dissertation considers the possible influence of the Consumer Protection Act 68 of 2008 on the common law obligations of the seller vis-à-vis: 1) risk and duty to take care, 2) eviction and 3) defects. Before one can have a look at the influence of new legislation on the common law, it is necessary to first go backward to look at where it all started in order to understand any possible influence. In the first chapter there is therefore a historical overview of the common law in general as well as the law of contract. Reference is also made to the Roman law perspective as well as the Roman

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20

Fitzroy, Karin. "The statutory reintroduction of a defence similar to the exceptio doli generalis?" Diss., 2012. http://hdl.handle.net/2263/30128.

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This dissertation considers the impact of the Consumer Protection Act 68 of 2008 (hereafter ‘CPA’) on contractual claims, and specifically whether the exceptio doli generalis is being reintroduced in the South African legal system. This dissertation illustrates that although the CPA improves the position of the consumer in many ways, the legislature should have drafted some provisions more carefully which could have resulted in clarifying some vital issues. Many terms and principles introduced by the CPA are foreign to the South African legal system. Although practice and precedent will eventu

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21

Scott, Tshepiso. "The realisation of rights in terms of the Consumer Protection Act 68 of 2008." Thesis, 2018. http://hdl.handle.net/10500/25220.

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The thesis examines the enforcement of consumer rights in South Africa, and is set against the backdrop of the underlying principles and theories on the enforcement of consumer protection law. It then analyses the various forms of consumer protection law enforcement mechanisms that were in place prior to the implementation of the Consumer Protection Act 68 of 2008, and sets out why there was a need for the enactment of the Consumer Protection Act. The thesis then critically discusses the consumer protection law enforcement mechanisms introduced and/or catered for by the Consumer Protection Act

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22

Swart, Isla. "Product liability class actions in terms of the Consumer Protection Act 68 of 2008." Diss., 2016. http://hdl.handle.net/2263/53193.

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23

Haneef, Raeesa. "Class actions : a proposed procedure in terms of the Consumer Protection Act 68 of 2008." Thesis, 2013. http://hdl.handle.net/10413/10918.

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Due to length and time constraints, this dissertation will briefly examine and provide an overview of the current method that courts have adopted in bringing a class action in Southern Africa and internationally. Specific focus will be on the Unites States of America, Australia and the Canadian province of Ontario. Challenges of bringing a class action will also be discussed, with a view of ascertaining the most appropriate or well-suited method of bringing a class action under the Consumer Protection Act 68 of 2008. The main issue that will be analysed will be the certification process. The k

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24

Lombard, Marianne. "Regulation of fixed-term contracts under the South African Consumer Protection Act 68 of 2008." Thesis, 2020. http://hdl.handle.net/10500/26950.

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In this thesis the position of parties under a fixed-term agreement under section 14 of the Consumer Protection Act 68 of 2008 is analysed critically. The purpose of this thesis is first to establish whether parties to a fixed-term agreement are better protected in terms of section 14 of the CPA when the consumer needs to terminate the contract based on the material failure to perform by the supplier, than under the common law. Second, this thesis explores whether the maximum duration of fixed-term agreements should be limited by statute. Various aspects affecting parties to these agreements,

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25

Mbedzi, Donald Mashudu. "The challenges of consumers with regard to the implementation of Consumer Protection Act, 68 of 2008 in Thulamela Municipality." Diss., 2016. http://hdl.handle.net/11602/381.

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26

Maree, Johannes Petrus Hermanus. "Die verkoper se verpligtinge kragtens die gemenereg en die "Consumer Protection Act 68 of 2008" (Afrikaans)." Diss., 2012. http://hdl.handle.net/2263/27893.

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The Consumer Protection Act (the CPA), 68 of 2008, has certainly evoked much debate and expectations in the consumer market. Most certainly, one of the most debated topics is how this new piece of legislation would influence common law of contract. Principles such as freedom to contract, caveat emptor and pacta servanda sunt, will from the effective date of this act certainly bear a new meaning. No longer will the consumer be faced with the might of the sword of the court's interpretation not to excuse contractual unfairness. The CPA seeks specifically to ensure contractual fairness through th

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27

Barnard, Jacolien. "The influence of the Consumer Protection Act 68 of 2008 on the common law of sale." Thesis, 2013. http://hdl.handle.net/2263/32798.

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The purpose of this thesis is to investigate to what extent the Consumer Protection Act 68 of 2008 (CPA) influences the common law of sale in South Africa. “Common law of sale” refers to the essentialia of sale (the minimum characteristics that parties must have consensus on to conclude a valid sale). The parties must have consensus on the intention to buy and sell, the things sold and the purchase price. The common law of sale also refers to the common law duties of the parties, the duties of the seller in particular (conversely therefore the rights of the buyer). The primary duties of

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Stoop, Philip N. "The concept ‘fairness’ in the regulation of contracts under the Consumer Protection Act 68 of 2008." Thesis, 2013. http://hdl.handle.net/10500/8507.

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The thesis analyses the concept ‘fairness’ in consumer contracts regulated by the Consumer Protection Act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. It discusses the evolution of ‘fairness’ as background to a more detailed discussion of the classification of fairness into substantive and procedural fairness. The thesis examines dimensions of fairness, factors which play a role in the determination of fairness, and fairness- oriented approaches in an attempt to formulate a framework for fairness in consumer contracts. The main aspects that shoul

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29

Nkabinde, Thandi. "The effect of the Consumer Protection Act 68 of 2008 on exemption clauses in standard-form contracts." Diss., 2015. http://hdl.handle.net/2263/50740.

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One of the reasons why the Consumer Protection Act 68 of 2008 (CPA) was enacted, was to protect consumers against suppliers who enforced onerous terms and conditions to the disadvantage of the consumer. Exemption clauses are amongst such onerous terms and conditions and according to Part G of the CPA (sections 48-52), exemption clauses must not be drafted on terms that are unjust, unfair and unreasonable. As almost all consumer agreements are drafted unilaterally in the form of standard-form contracts, this research will focus on the history of standard-form contracts and exemption clauses; th

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30

Govender, Vasantha. "Consumer protection and service delivery by the retail industry in the greater Durban area : the legal implications of the Consumer Protection Act 68 of 2008." Thesis, 2017. http://hdl.handle.net/10321/2645.

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Submitted in fulfillment of the requirements of the Master’s Degree in Marketing, Durban University of Technology, 2017.<br>As a result of weaker bargaining power, consumers are often exploited or treated unfairly in the business arena. Whilst consumer abuse is a global problem, South African consumers are more vulnerable due to various socio-economic conditions that affect their ability to negotiate equally in the marketplace. Factors such as poverty and illiteracy contribute to consumer abuse and is perpetuated by the discrimination which was inherent in the apartheid era. Accordingly, the C

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31

Du, Plessis Chantal Hester. "Does the Consumer Protection Act 68 of 2008 have the effect of reviving the abolished exceptio doli generalis?" Diss., 2012. http://hdl.handle.net/2263/31140.

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The question to which this study will attempt to find a satisfactory answer, is whether the new Consumer Protection Act 68 of 2008 (CPA) has revived the abolished exceptio doli generalis. The exceptio doli was introduced in about 66 BC by the praetor Gaius Aquilius Gallus. An exceptio was a legal defence to a claim. The exceptio doli required the judge to take account of the fraud of which the plaintiff had been guilty of at the time of concluding the transaction, or of the dolus of which the plaintiff was guilty in actually instituting the action. It appears that the provisions of secti

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Du, Plessis Hanri Magdalena. "The unilateral determination of price in contracts of sale governed by the Consumer Protection Act 68 of 2008." Diss., 2012. http://hdl.handle.net/2263/26446.

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The purpose of this dissertation is to investigate the application of the common law rule prohibiting unilateral price determination in contracts of sale governed by the Consumer Protection Act. The unilateral determination of price has been a controversial issue for an extended period of time. This controversy is traced back to Roman law where different translations and interpretations are given to the texts dealing with the unilateral determination of price in a contract of sale. The majority of the Roman-Dutch writers preferred the view that regarded a contract granting a discretion to one

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33

Buys, Marius. "Select aspects relating to defenses to strict product liability as introduced by the Consumer Protection Act of 68 of 2008." Diss., 2016. http://hdl.handle.net/2263/53119.

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The Consumer Protection Act 68 of 2008 has extended consumer protection to South African Consumers in various areas, notably also by introducing a strict product liability regime . Quite a number of authors have already investigated the parameters of the product liability regime introduced by section 61 of the Act with emphasis on the absence of a requirement of negligence and how this aspect has opened up access to redress for consumers harmed by defective products. Although this dissertation provides an overview of the new product liability regime introduced by the Consumer Protection Act it

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Gould, Carmen Yesmin. "Bringing the exceptio doli generalis back from the grave." Diss., 2012. http://hdl.handle.net/2263/30129.

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The exceptio doli generalis, which is the Roman law defence of “bad” faith, in the general form, has , until the decision of Bank of Lisbon and South Africa (SA) (Pty) Ltd, been one of the mechanisms that has been utilised by South African courts to apply abstract values of fairness and equity into the South African substantive law. The exceptio dolis generalis was available to a party in circumstances where the act of bringing the action by the other party constituted an act of “bad” faith. The court in the Bank of Lisbon and South Africa case decided that the exceptio doli generalis had neve

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Van, Heerden Robyn. "A Critical discussion of the impact of the right to fair value, good quality and safety in terms of the Consumer Protection Act 68 of 2008 on the Agricultural Industry in South Africa." Diss., 2013. http://hdl.handle.net/2263/36792.

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