Academic literature on the topic 'Consumer protection act 68 of 2008 (cpa)'

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 context to the interpretation of the power of the courts to make innovative orders. Thereafter, instances are discussed where it is undoubtedly clear that innovative orders are needed, that is, where the CPA creates a right without a remedy. Examples are the consumer's right to receive delivery of the goods or performance of the services within a reasonable time where no time for performance was agreed upon, and the consumer's right to assume that "the supplier has the legal right, or the authority of the legal owner", to supply the goods. This part includes analysis and criticism of the only reported decision which discusses the delineation of the power to grant innovative orders, and which unjustifiably refused to grant such an order in respect of the consumer's right that the goods supplied "remain useable and durable for a reasonable time". The article then considers situations where there is no clear gap in the CPA such as a right without a remedy, but the CPA is nevertheless ambiguous and policy considerations call for an innovative order. This part gives an example of a case where the National Consumer Tribunal briefly referred to section 4(2)(b) on innovative orders in support of a new rule on the suspension of prescription (time limitation) not recognised in the text of the CPA. Part 5 of the article considers the types of orders that were probably envisaged by the legislature when drafting section 4(2)(b) on innovative orders, such as publicity and compliance programme orders, which serve to increase the effectiveness and preventative effect of orders on prohibited conduct. This part of the article considers legislation from the United Kingdom on such orders, which is referred to as "enhanced consumer measures".

The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.

Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom of contract is theoretical and could lead to injustices. In Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) the Court refused to uphold the exemption clauses based on the fact that it would have been unfair and unjust to the plaintiff who had sustained serious bodily injuries during his stay at the hotel. The article discusses this court decision in the light of the provisions of the Consumer Protection Act 68 of 2008 (CPA) against the background of the previous jurisprudence regarding exemption clauses, including the position of exemption clauses in a new constitutional dispensation.

In South Africa, the legislature’s response to the negative consequences resulting from the pervasive use of disclaimers by suppliers has been to regulate the use of these terms through the enactment of a number of provisions in the Consumer Protection Act 68 of 2008 (CPA), including sections 48, 49 and 51. A number of publications have considered the meaning of these provisions and the impact they may have on the use of disclaimers in consumer contracts. As a consequence of the widespread use of disclaimers and the adverse consequences they may hold for consumers, any judicial pronouncement on the impact of the CPA on these clauses is significant. In Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa ([2020] 1 All SA 857 (WCC) (Skydive v UPS)), the Western Cape High Court was afforded the opportunity to consider the impact of aspects of section 49 specifically on the use of a clause in a consumer agreement excluding the risk or liability of suppliers (referred to as an “exemption clause” in this note).Section 49 of the CPA applies to four distinct types of clause enumerated in section 49(1) – namely, clauses limiting the risk or liability of suppliers in respect of any other person; clauses constituting an assumption of risk or liability by the consumer; clauses imposing an obligation on the consumer to indemnify the supplier for any cause; and clauses requiring a consumer to acknowledge a particular fact. As indicated, in Skydive v UPS, the contentious clause was one excluding the risk or liability of the supplier. The focus of this note then is on the interpretation and application by the court in Skydive v UPS of the relevant provisions of section 49 of the CPA to an exemption clause.

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 not section 417 of the Insolvency Act 24 of 1936 is adequately and effectively framed in order to fulfil its intended purpose in South African law. Howard Chitimira gives a historical overview of the regulation of market abuse in South Africa. He concludes his contribution with a discussion by isolating certain flaws in the previous market abuse laws that were re-incorporated into the current South African market abuse legislation and makes recommendations in that regard. Juanita Jamneck discusses the contemporary meaning of the word "spouse" and the recognition of the family as an important social institution in the light of the provisions of the Intestate Succession Act 81 of 1987. Shannon Bosch reviews the scope and nature of "direct participation in hostilities" in international humanitarian law in the light of the Interpretive Guide on the Notion of Direct Participation in Hostilities issued by the International Committee for the Red Cross. The primary objective of the article by Vinesh Basdeo is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. Eddie Hurter and Tana Pistorius examine the new .Africa Top Level Domain - an Africa initiative to ensure that Africa gets its rightful place in the global network. Geo Quinot tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. Thino Bekker discusses the scope and application of the integration rule in the South African law of contract and deals with the question if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. Yeukai Mupangavanhu discusses the case of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) in the light of the exemption clauses in the Consumer Protection Act 68 of 2008 (CPA). The case note, which is also the final contribution, by Martha Radebe evaluates the unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation as they came to the fore in the case of the Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC).

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 extrinsic evidence in a dispute to interpret a written agreement between parties to ensure certainty on the terms and conditions agreed to in writing. In practice, the parol evidence rule can disadvantage consumers who enter into standard-form contracts, as they normally are in an inferior bargaining position and cannot negotiate the individual terms and conditions of consumer agreements. It is obvious that the strict enforcement of the parol evidence rule in consumer agreements could lead to unjust results in consumer disputes. The provisions of the Consumer Protection Act 68 of 2008 are discussed to establish the extent of the limitation of the parol evidence rule therein. Then, the Consumer Rights Act, 2015 in the United Kingdom is considered to establish the tendency to limit the application of the rule in foreign consumer legislation, and to compare that to the position in South Africa. This article discusses whether the restriction or limitation of the parol evidence rule in the Consumer Protection Act is efficient in reaching the aims and objectives of the Act.

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 codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

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 forum to seek redress. It is proposed that section 52 should be amended and that section 69 should be purposively and narrowly interpreted to ensure that the consumer protection institutions are exhausted before approaching the ordinary courts.

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 options where a consumer believes that his or her right has been infringed. There is a wide range of options available to consumers if they have a complaint in terms of the CPA. Sections 68 to 76, which are found in Chapter 3 Part A to C, are the provisions that deal with the protection of Consumer Rights. In terms of the CPA, consumers are not obliged to approach the supplier against whom they have a complaint before first going somewhere else. In terms of section 69 of the Act, the category of persons listed in section 4(1) can enforce a right in terms of the Act or in terms of a transaction or agreement, or resolve a dispute with a supplier by: Referring the matter directly to the National Consumer Tribunal; referring the matter to the applicable recognised ombud with jurisdiction over the supplier and if the matter does not concern the supplier contemplated in s 69(b), referring the matter to the applicable accredited industry ombud with jurisdiction. The consumer may also apply to the relevant consumer court of the province with jurisdiction (subject to the provincial legislation governing it). A dispute may also be referred to an alternative dispute agent, filing a complaint with the National Consumer Commission or approaching a court with jurisdiction over the matter (only when all the other remedies available to that person in terms of national legislation have been exhausted). The main focus of the research will be the role of consumer courts in particular and their possible enforcement and execution shortcomings. The consumer courts are regulated on a national level in terms of the CPA and on provincial level in terms of provincial legislation of the various provinces. I will illustrate these shortcomings in a discussion of two relevant cases. A short discussion of the other options available to the consumers for redress in terms of the CPA will also be included. Other avenues of redress that will briefly be discussed are complaints lodged to the National Consumer Tribunal, the National Consumer Commission and alternative dispute resolution. Since the CPA became fully effective on the 31 of March 2011 and is more in line with international trends in consumer protection law, a short comparative study is necessary. I will be looking at the consumer law in Scotland, which is affected, by the UK consumer law in the United Kingdom.
Dissertation (LLM)--University of Pretoria, 2012.
Mercantile Law
unrestricted

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 international trends in the field of consumer protection and has fulfilled the promise to bring South African Law in line with international consumer law and practice. The aim in the dissertation is critically to analyse the provisions of the CPA in relation to unfair commercial practices. The core focus lies with the critical analyses of sections 40, 41 of the CPA in this regard. The dissertation attempts to explain the rationale for a comparison with the UCPD and how this comparison assists in addressing issues that the critical analysis of the unfair commercial practice provisions in the CPA elucidate. It is hoped that the comparison will bring to light shortfalls and inconsistencies, as well as consistencies, between these pieces of legislation (CPA and UCPD). The law needs to promote and to protect the economic interest of consumers, to improve access to information that is necessary for the consumer to be able to make an informed choice, to protect consumers from any hazard which is a threat to their well-being and safety, to develop effective means of redress for consumers, to promote and provide consumer education and to promote consumer participation. Focus will be on the conduct of the supplier and is limited to a discussion of sections 40 and 41. With regards to section 40 the focus is on unconscionable conduct. An extensive explanation of unfair commercial practices in terms of the UCPD will be provided, and includes a broad overview of the relevant articles read together with the relevant recitals. An overview of definitions, concepts and case law will is presented in order to offer a clear view of unfair commercial practices in terms of the said directive. The research aims will be achieved by examining national and international legislation, relevant case law (where applicable and possible) from South Africa, The European Court of Justice (ECJ) and member states. The result will be that the consumer has greater confidence in the protection the law provides and which offers a similar level of redress to consumers so that they are not discouraged that the law has only face value. Instead, consumers will be encouraged to defend their rights and will be educated as to what they are entitled.
Mini Dissertation (LLM)--University of Pretoria, 2017.
Mercantile Law
LLM
Unrestricted

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 the consumer under the law of contract has to prove that a breach of warranty occurred and that a contractual nexus existed between the parties. Whereas under the law of delict the consumer is required to prove fault on the part of the supplier of the defective goods, which in most cases proved to be a difficult or impossible task and as a result the consumer is left without any effective recourse. The court in Wagener v Pharmacare was also not prepared to impose strict product liability on the producer but left it to the legislature to do so. The legislature answered the call with the enactment of section 61 of the CPA, which has introduced a so-called strict product liability regime for harm caused by defective goods. Section 61 of the CPA states that the producer or importer, distributor or retailer of any goods is liable for any harm caused wholly or as a consequence of supplying any unsafe goods a product failure defect or hazard in any goods or the inadequate instructions or warning provided to the consumer pertaining to any hazard arising from or associated with the use of any goodsirrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer, as the case may be. Many academics have applauded the CPA in this respect. However, the defences available to a supplier in terms of the CPA have led to some criticism. Section 2(2) of the CPA also provides that foreign and international law may be incorporated when interpreting and applying the CPA and as section 61 of the CPA shares similarities with the European Directive on Product Liability of 1985 (“EU Directive”), it is accordingly useful to consider the application and interpretation thereof. The final conclusion drawn from this dissertation, is that the CPA makes provision for a modified strict product liability regime and could in more than one instance be regarded as defective in itself. It is however contented that the CPA is a step in the right direction and future interpretations by our courts of section 61 are welcomed.
Mini Dissertation (LLM)--University of Pretoria, 2017.
Mercantile Law
LLM
Unrestricted

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 clauses. The Consumer Protection Act, 68 of 2008 (CPA) was recently enacted, and among other things, it addresses the unfairness that is associated with exemption clauses and aims to improve consumer awareness. The common law principles were modified by the CPA. Exemption clauses, after the enactment of the CPA, are only enforceable if it complies with the requirements as set out in the Act. Exemption clauses must be drafted in plain and understandable language especially clauses that can be construed to be unfair and the risks pertaining to these clauses must also be drafted in an understandable manner. Such a clause must be brought to the patient s attention and a consumer must sign next to the clause after any term that can be interpreted as unfair terms and risks that is associated with such term is explained to him. A drafter should take into consideration greylist and blacklist terms when drafting exemption clauses, since certain clauses are prohibited and other terms are presumed to be unfair. A drafter can include a term that excludes liability for personal injury of the patient, but the hospital or its personnel will have to prove that such term is fair under the circumstances. A clause that excludes liability for death is not permissible. The enactment of the CPA was long overdue and it was vital, especially in respect of fairness of exemption clauses and the protection of patients against unfair contract terms.
Mini Dissertation (LLM)--University of Pretoria, 2015.
Private Law
LLM
Unrestricted

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 Housing Tribunals to deal with unfair leasing practices. The Prevention of Illegal Eviction of and Unlawful Occupation of Land Act 19 of 1998 has radically impacted on the process that a lessor has to follow where he wishes to evict a lessee who remains in occupation of a leased premises after lawful termination of a lease agreement. Most recently the introduction of the Consumer Protection Act 68 of 2008, which came into full operation at the end of March 2011, appears to have a significant impact on the law of lease in those instances where the Act finds application to a lease agreement. In this regard it must be observed that the Consumer Protection Act impacts on a lease agreement that falls within its scope in two ways: on the one hand section 14 of the Act which regulates fixed term agreements may find specific application to a lease agreement that falls within the scope of application of the said section. On the other hand, there are certain ‘general’ provisions of the Act that will find application generally to lease agreements that fall within the scope of application of the Act , even if they do not fall within the specific scope of application of section 14. The purpose of this dissertation is to investigate how the various pieces of legislation indicated herein , impact on the common law of lease . The main focus will eventually be the impact of the Consumer Protection Act as such impact still has to manifest in practice.It will thus be endeavoured to present a holistic view of the ‘changing face of the law of lease’ in South Africa.
Dissertation (LLM)--University of Pretoria, 2012.
Mercantile Law
unrestricted

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 of this judgment created a lacuna in our law for court to consider criteria of fairness and equity in their deliberations when delivering judgments. The universal doctrine of unconscionability which advocates considerations of fairness and equity appeared to have influenced a move towards consumer legislation on a global scale and ultimately to the enactments of the Consumer Protection Act (CPA), introduced in 2008 and operational since 31 March 2011. The CPA contains several provisions which appear to revive the application of defences akin to the abolished exceptio doli generalis such as the codification of the consumer's right to "fair and honest dealing" and the right to "fair, just and reasonable terms and conditions" to name but a few. The question that arises and which is explored herein is whether the rights afforded by the CPA constitute the revival of the principles that used to apply in terms of the exceptio doli generalis.
Mini Dissertation (LLM)--University of Pretoria, 2015.
Private Law
LLM
Unrestricted

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 system, providing training and support to the franchisee, and paying for the use of the franchisor‘s intellectual property and business system. These characteristics have resulted in inherent tensions between franchisors and franchisees, which arise by virtue of, inter alia, the control exercised by the franchisor over the use of its intellectual property, franchisor opportunism, poor franchisee selection, franchisee free-riding, inadequate training and support, or the sunk investments made by the franchisee. The franchisor and franchisee generally use a franchise agreement to regulate their relationship. However, the franchise agreement itself can also lead to conflict between the parties, such as that arising from poor drafted clauses relating to territorial rights, renewal, payment, termination, restraint of trade, or confidentiality. The franchise agreement is typically drafted in the standard-form, resulting in franchisees faced with unequal bargaining power. The common law of contract is based on principles of freedom of contract and sanctity of contract and is, therefore, limited in its ability to resolve the tensions between the parties. Various models for regulating the franchising industry can be adopted, for example, self-regulation, statutory regulation, or co-regulation. Australia and Canada have adopted the statutory model by enacting franchise-specific legislation and New Zealand has followed the self-regulation model with no legislation regulating its franchising industry. South Africa did not formally regulate the franchise relationship through legislation until the enactment of its consumer protection legislation, the Consumer Protection Act 68 of 2008 (CPA), which includes a franchisee within the definition of consumer. This entails that all franchisees enjoy the protection of the CPA and all franchise agreements must comply with the provisions of the CPA. The South African economy is unique in that it is burdened by the social ills of its discriminatory past, such as high levels of unemployment, illiteracy and inequality. The country is faced with a slow growing economy with little development and promotion of entrepreneurship among small businesses. Despite the burdensome economy within which the franchising industry is required to operate, the industry‘s contribution to the Gross Domestic Product (GDP) of the country has remained stable. The South African government has identified the franchising industry as an opportunity for job creation, economic empowerment and promotion of entrepreneurship. The aim of the study is to ascertain whether the CPA is the correct legislative vehicle to regulate the franchise relationship, while enhancing the growth and development of the franchising industry. This thesis concludes that the introduction of fundamental consumer rights and rights of redress for franchisees through the provisions of the CPA has contributed to, or assisted in, the removal of the tensions inherent in the franchise relationship. In particular, the CPA has adequately addressed the lack of formal regulation of the franchise relationship through its disclosure requirements and its regulations. The thesis also proposes amendments to some of the CPA regulations, which will further enhance the disclosure requirements, and aid in curtailing the conflict caused by the terms of the franchise agreement. The thesis further proposes that the application of the CPA to franchise agreements should be limited to small, inexperienced or unsophisticated franchisees that are in need of the protection. An essential premise is that the CPA aims to protect ordinary consumers, including juristic persons, in day-to-day transactions (up to the threshold amount), to avoid suppliers taking advantage of them. Larger, more sophisticated or experienced franchisees, with stronger bargaining power and access to legal advice, do not necessarily require the protection of the CPA. The criteria relating to the size of class of micro-, very small and small enterprises, but not medium enterprises, within the different sectors or sub-sectors in terms of the National Small Enterprises Act, 102 of 1996, should be considered and used as a guide to determine whether the CPA applies to a franchise agreement. The development, growth and success of the franchising industry depends on the education of prospective franchisees wanting to adopt the franchising business model and invest in the industry. The CPA does not recognise or promote the roles of the various stakeholders (franchisors, franchisees and the government) with regard to the provision of education, training, ongoing support and assistance to prospective franchisees. This thesis proposes that mechanisms to enhance the education of prospective franchisees should be promoted, such as tandem franchising, obtaining advice undertakings from prospective franchisees before concluding franchise agreements, and increasing the role of the Consumer Commission in providing franchising education.

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 within consumer markets. Many terms and principles introduced by the CPA are foreign to the South African legal system. It can be expected with any entirely new piece of legislation implemented within an existing legal system that there will be conflicts and uncertainties in the application thereof. Ultimately this dissertation has found two sets of conclusions. Firstly the general effect that Part G of the CPA has on consumer markets, namely strengthening consumer rights thereby enabling consumers, more particularly historically disadvantaged consumers to actively partake in consumer markets as a whole. Secondly this dissertation unfortunately has also found that the CPA has failed to use essential mechanisms as used in the United Kingdom and European Union unfair terms legislation to curb unfair unjust and unreasonable contract terms.
Hierdie verhandeling oorweeg en evalueer hoe die implementering van die Verbruikers Beskerming Wet No. 68 van 2008 (hierna " VBW ") en meer spesifiek Deel G daarvan wat die gemenereg met betrekking tot kontraktereg beïnvloed en die verbruiker se regte tot billike, regverdige en redelike kontrakterme, tesame met die
Dissertation (LLM)--University of Pretoria, 2015.
Mercantile Law
LLM
Unrestricted