This diploma thesis deals with analysis of forms of financing of a specific non-profit organisation in the field of consumer protection and preparation of proposal for improvement including its economic assessment. The work is focused on the TEST Civil Consumers? Association (TEST CCA). The first part of the thesis is made up of literary research. In terms of the actual thesis, working hypotheses were first determined, which were subsequently assessed on the basis of data gained during an interview with the Vice Chairman of the administrative board of TEST CCA, Mgr. Karel Pavlík, MBA, or on the basis of information gained from approx. 200 respondents by means of enquiry. When formulating proposals for improvement, I above all concentrated on the possibility of gaining further subscribers to the dTest magazine, which is closely related to strengthening of the financial independence of the association. I recommended holding a presentation of TEST CAA in shopping centres in individual regional cities in the Czech Republic. In my opinion, it would also be of benefit to publish adverts in the press.

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 the seller which will be investigated are: a. the duty of safe-keeping (including and investigation into the passing of benefit and risk doctrine); b. the duty of delivery and transfer of ownership; c. the warranty against eviction; and d. the warranty against latent defects. The primary common law duties of the buyer to pay the purchase price and accept the thing sold are included in the investigation as well. The formalities required in certain sale agreements, that wording must be in plain language as well as the buyer’s cooling-off rights are also investigated. An investigation into the influence of the CPA on the common law of sale in South Africa warrants a systematic framework and modus operandi which are: a. an investigation into the historical background of the common law of sale and its principles in the Roman law and Roman-Dutch law; b. a critical analysis of the position where the CPA is not applicable (the common law position); c. an extensive analysis and critical evaluation of the relevant provisions of the CPA and the influence thereof on the common law of sale; d. a comparative analysis of the appropriate provisions in Scotland and Belgium; e. a conclusion of the influence of the CPA on the common law of sale (whether the particular common law of sale principle is confirmed, amended or excluded in terms of the Act); and f. recommendations (taking into account the comparative analysis) regarding the rectification of uncertainties and ambiguities that arose as a result of the investigation. It is also important to remember that the existing principles of the common law of sale will still be applicable for transactions and agreements which fall outside the application of the Act. The golden rule to keep in mind when investigating the influence of the CPA on the common law of sale is to determine which approach and interpretation will be most beneficial to the consumer. / Thesis (PhD)--University of Pretoria, 2013. / gm2013 / Mercantile Law / Unrestricted

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 eventually provide solutions to many of the practical difficulties currently experienced, it will take time and money to do so. It is therefore submitted that some areas should be reconsidered for amendment by the legislature in order to allow this significant piece of legislation to operate optimally Ultimately, two sets of conclusions can be drawn in this dissertation. Firstly, the general conclusions relating to whether the defence of the exceptio doli generalis has been reintroduced in the South African legal system by the CPA and, secondly, whether the exceptio doli generalis is in line with our constitutional values and in line with the current rules for the interpretation of contracts. Although the Courts have abolished the defence ofexceptio doli generalis, it seems as if the CPA has reintroduced this defence. / Dissertation (LLM)--University of Pretoria, 2013. / Private Law / unrestricted

This thesis deals with the quality of food brands. The first part defines the key concept issues of food quality and the consumer protection. It also characterizes each food quality brand. The second part focuses on the comparison of quality brands. The thesis aims to determine whether the labeling of food quality actually ensures the quality and safe food, it is based on a comparison of the criteria for granting quality brands to foodstuff, evaluation of the objectivity of the criteria and evaluation of the foodstuff in independent tests.

This thesis analyzes the information and legal protection provided to the Canadian condominium purchaser. A comparison is made as to the effectiveness of relevant legislation in Canadian jurisdictions and where deficiencies are perceived the thesis makes proposals for reform. / Law, Peter A. Allard School of / Graduate

LL.D. (Private Law) / Please refer to full text to view abstract

Competition policy is meant to ensure a level-playing in the market, but its ultimate goal is to enhance consumer interests. The telecommunications sector is one of the two sectors that have set up a competition policy in Hong Kong. This paper examines the current competition policy framework in the telecommunications sector by analyzing the level of consumer protection using the Structure-Conduct-Performance Paradigm. It examines in detail the consumer related complaint cases received by the Office of the Telecommunications Authority in four markets: fixed line telephone services, mobile phone services, International Direct Dialing services, and Internet services. Regression analysis results reveal that more competition in a market has a positive and significant effect on the frequency of complaints about misleading or deceptive conduct on the part of operators in the period from 1999 to 2006. Also, smaller and newer operators tend to receive more complaints. From the lessons we have drawn from the telecommunications sector, a more comprehensive policy coped with consumer protection regulation is needed in order to better promote consumer interests in Hong Kong.

This research focuses on online payment methods which are premised on electronic funds transfer. It is a general discourse that the use of online payment methods is risky. It is held that the fear of fraud and abuse of a payment system is at the focal point of such risk. Banks which provide these payment systems are usually not prepared to negotiate with their prospective customers. Resultantly, banks contract out of the risk associated with online payments, specifically the liability for unauthorized electronic funds transfers. This culminates in bank’s customers bearing the majority of that risk as a result of the bank-customer contract. Some of the laws applicable to this relationship also ascribe to the notion above. They burden bank’s customers solely with the liability of the use of their cards until notification to the bank of its theft or misuse. This shows a completed disregard of the nature of how online payment methods operate. Such imposition of liability is excessively one-sided in favour of the banks and detrimental to the bank’s customers. Ultimately, the scope of application of the current applicable consumer protection laws is limited by factors such as non-applicability to juristic persons or limitation based on asset value for those that do. This thus denotes a large segment of online payment methods users who cannot avail themselves to measures of protection provided for by the current applicable consumer protection laws. The research aims to avert the issues as demonstrated above, provide clarity in pursuit of equity and compliance, plus a comprehensive consumer protection approach for online payment methods users. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Mercantile Law / LLM / Unrestricted

Includes bibliographical references / The absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.

Magister Legum - LLM / This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe economy had one of the highest hyperinflation rate in the world. Pettinger sums up the hyperinflation journey of Zimbabwe as having begun in the 1990s shortly after the disastrous land reform. This is where private farms were grabbed from landowners and re-allocated to mostly peasant farmers who had no technical know-how in farming. It was also a time when the country was involved in an unbudgeted and unsolicited second Congo civil war necessitating that the Government increase salaries to cater for soldiers and other officials assigned to the Congo. Earlier on the government had buckled under pressure from former war liberators (war veterans) and paid out unbudgeted bonuses.