Title page for ETD etd-09112012-173753

Document Type Master's Dissertation
Author Maree, Johannes Petrus Hermanus
Email mareejp@gmail.com
URN etd-09112012-173753
Document Title Die verkoper se verpligtinge kragtens die gemenereg en die "Consumer Protection Act 68 of 2008" (Afrikaans)
Degree LLM
Department Mercantile Law
Advisor Name Title
Prof D J Lotz Supervisor
  • Consumer Protection Act 68 of 2008
Date 2012-04-11
Availability unrestricted
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 the principle of public policy and good faith, by promoting a fair, accessible and sustainable marketplace for consumer products and services, and for that purpose to establish national norms and standards relating to consumer protection.

The CPA burdens the seller with rigid obligations and creates a plethora of rights available to the consumer. To a certain extent these rights and obligations are similar to the common law rights and obligations of the parties to an agreement of sale. But, in certain instances these rights and obligations differ in a considerable way.

The main focus point of this dissertation is how the duties of a seller to an agreement of sale will be influenced and amended, either expressly or by implication. The study will start of with a brief discussion on the implementation and need for a Consumer Protection Act in South Africa, followed by the seller's common law obligations. Thereafter the systematic and application of the CPA will be set out, followed by an extensive discussion of the seller's obligations flowing from the CPA, as well as the specific differences as regards to the common law obligations. From here on, certain practical implications of the CPA will be discussed, followed by a general conclusion.

Copyright 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Please cite as follows:

Maree, JPH 2011, Die verkoper se verpligtinge kragtens die gemenereg en die "Consumer Protection Act 68 of 2008" (Afrikaans), LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-09112012-173753 / >


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