No abstract available Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

This dissertation seeks to examine the impact of the Protection of Personal Information Act 69 of 2013 (“POPI Act”) on direct marketing and insurance consumer in the insurance industry. This is important because the advancements in technology call for a delicate balanced between the protections of consumers Constitutional rights with an enabled economic growth market. Technology makes it easy for personal information to be collected and be disseminated in huge volumes across the globe within seconds. The personal information such as names and contact details therefore become available and can be collected for purposes of direct marketing. Before the enactment of POPI Act, unwanted direct marketing in the insurance sector was regulated by section 45 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) as well as various insurance statutes. The Consumer Protection Act 68 of 2008 (“CPA”) does not apply in to the insurance industry, however, will be discussed briefly to create context and an appreciation of the adequacy of the protection provided by insurance statutes on direct marketing. This dissertation therefore argues that insurance legislation was not adequate to protect the insurance consumers from the unlawful processing of their personal information by direct marketers. The inconsistencies in different statutes before POPI Act was enacted made it easy for the direct marketers to infringe on the consumers’ right to privacy by sending the unwanted direct marketing communication or by disclosing these consumers’ personal information to third parties without the consumer’s knowledge or consent. In examining the efficacy of the POPI Act, the study shows that its provisions are sufficient to protect insurance consumers from unwanted direct marketing. This conclusion is supported by the fact that the POPI Act is a personal information protection legislative instrument and more specifically because section 69 of this Act is dedicated to the regulation of direct marketing in all industries. The POPI Act provides guidelines for lawful processing of personal information, thus supporting the free flow of information for purposes of direct marketing, while securing privacy of consumers. / Mini Dissertation (LLM)--University of Pretoria 2020. / Mercantile Law / LLM / Unrestricted

the object of this thesis is to give a comprehensive description and a critical evaluation of consumer law, a field of law which has developed rapidly in the last two decades and the exact contents and function of which are the subject of keen academic debate.

Consumer protection has become an important issue in many spheres of trade. This fact is borne out by the many consumer protection laws introduced in many countries globally. However, despite these developments Swaziland is lagging behind. Obviously, this state of affairs has left consumers in Swaziland in a totally vulnerable position. Consumers are often exploited in two material respects. They are either subjected to unfair contract terms in the provision of services, or supplied with defective products having the potential of causing serious bodily harm. In protecting consumers the common law has been judicially developed over many centuries to curb these unfair trading practices. The doctrine of freedom of contract has been the driving force in regulating the relations between consumers and suppliers. The import of this doctrine is the unyielding recognition of an individual’s autonomy in the conclusion of consumer transactions. The underlying percepts of this doctrine are privity of contract, which only recognises obligations between contracting parties, and pacta sunt servanda which requires contractual undertakings to be recognised. The operation of contractual freedom in concluding agreements often leads to unfair results against consumers because suppliers usually impose unfair terms as a result of their stronger bargaining power over consumers. In short, problems faced by consumers were twofold; first, they have to battle the issue of potentially harmful goods, and secondly, their economically weak bargaining position is exploited by suppliers through the use of unfair contract terms. Many countries, including the United Kingdom and South Africa, addressed these two consumer issues decisively through statutory reform aimed at protecting consumers against potentially harmful products and unfair contract terms. Swaziland requires statutory reformative measures that will ensure a shift from the current consumer framework regulated by outmoded common law principles towards a modern framework that will comply with international standards. / Thesis (LL.M)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

李艷紅. / "2000年6月" / 論文 (哲學碩士)--香港中文大學, 2000. / 參考文獻 (leaves 140-147) / 附中英文摘要. / "2000 nian 6 yue" / Li Yanhong. / Lun wen (zhe xue shuo shi)--Xianggang Zhong wen da xue, 2000. / Can kao wen xian (leaves 140-147) / Fu Zhong Ying wen zhai yao. / Chapter 第一章： --- 導論 --- p.1 / 從一宗訴訟說起 --- p.1 / 當代中國消費者權益運動與新社會運動 --- p.3 / 理論背景：當代中國的國家與社會關係及制度變遷 --- p.7 / 媒介與話語運動 --- p.11 / 論文的基本結構及研究方法說明 --- p.17 / Chapter 第二章： --- 從“消費者保護運動´ح到“消費者維權運動´ح --- p.28 / Chapter 第三章： --- 背景：當代中國的媒介變革與“消費欄目´ح的出現 --- p.35 / Chapter 第四章： --- 身体、故事、表演：媒介與“集体行動框架 --- p.43 / 媒介的´ب´ب焦點轉移´ح --- p.44 / 身体、受難故事與非正義框架 --- p.46 / 維權故事、個体能動性與“消費者運動´ح的公共身份 --- p.61 / 重新發現“消費者´ح --想象的社區，苦難的受害者 --- p.80 / Chapter 第五章： --- 表達、象征性“表達´ح與議程建构 --- p.93 / 《醫療事故處理辦法》進入公共議程 --- p.93 / “電信价格政策´ح進入公共議程 --- p.104 / 議程建构：表達與互動、象征表達與象征互動 --- p.113 / 媒介的行動者角色 --- p.116 / Chapter 第六章： --- 結論與討論 --- p.123 / 參考文獻 --- p.140

This study has covered the duty to provide pre-contractual information and the right of cancellation, the two important key areas of consumer protection in distance selling contracts. These two protection models are invented to rebalance the distance contract in favour of the consumer albeit differently. The duty to provide information rebalances the contract in terms of information, and the right of cancellation provides the distance consumer with an opportunity to rethink the decision about the contract. The study has looked at pertinent laws of distance selling contracts in England and Iraq. In doing so, the study has followed comparative and analytical methodology, whereby strengths and weaknesses, similarities and dissimilarities between the selected laws under a chosen theme are addressed. The aim is to explore problems and loopholes, which may need future amendments, including legal gaps, ambiguity, and incomplete treatment. During the study, specific challenges related to the theme of study are critically analysed. Apparently, the quantity and type of information required, the time and manner of sending information, and the remedy available at the breach are challenges of the information requirements. Challenges of the right of cancellation are the conditions and effects of using the right. The study has concluded that many aspects of protection under both laws need further improvements. The need for changes is more obvious with Iraqi Law than English Law, where distance selling protection has not been recognised yet.

published_or_final_version / Public Administration / Master / Master of Social Sciences

Zugl.: Saarbrücken, Univ., Diss., 2007 / Includes bibliographical references (p. 257-272) and index.

The thesis covers the field of the contract law known as the consumer credit law. It deals with the legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts. The thesis focuses on those credit contracts in which the legal relationship between the consumer and the dominant party is contained in the standard-form contracts, specifically credit agreements relating to money lending transactions in which the credit grantor’s rights are secured either by means of mortgage agreement, a suretyship contract, or a deed of cession. In South Africa the right to equality and human dignity, as opposed to the classical theories of contract: pacta sunt servanda and the principle of freedom of contract, are supported by the Constitution of the Republic of South Africa Act 108 of 1996 which entrenched democratic values permeating all areas of the law including contract law. In this thesis the harmonisation of these classical theories of contract law and the constitutional values of human dignity and equality have been considered. As has been shown in a number of cases, notably those relating to the contracts of suretyship, cession in securitatem debiti, and mortgage, the current law regulating the relationship between the credit grantors and the credit receivers is in need of law reform to fall in line with the constitutional values of equality and human dignity. The greatest difficulty inherent in this area of the law is the reluctance of the courts to intervene at the instance of consumers. The courts would only intervene in the clearest of the cases, and would only do so in the public interest. In this thesis the current South African Law is considered in the light of the developments elsewhere. The tendency of credit providers to alter the terms of the contracts unilaterally and the growing number of conflicting decisions of the Provincial Divisions of High Court has also been considered. The writer also considers the role of the newly created Consumer Affairs Court.

The thesis concerns a critical analysis of Section 5 of the Council Regulation (EC) No. 44/2001.  Section 4 concerns the matter of ‘jurisdiction over consumer contracts’ and is one of the protective rules of jurisdiction in respect of consumer protection.  The thesis will divide the Articles of Section 4 into three categories: ‘who can sue’ (specifically, ‘who can invoke the consumer protection provisions to sue his supplier); ‘who can be sued’ (specifically, ‘who can fall within the consumer protection provisions) and ‘where to sue’ (specifically, the places where the consumer protection provisions allow the parties to litigate). The thesis will also approach the problems of the consumer protection provisions by evaluating those amendments to Section 4 between the Convention and the Regulation.  What changes to the scope of the application of Section 4 were made by the amendments? How would these changes impact upon the exercise of Arts.16 and 17? Moreover, would these changes be of any benefit to the rights of consumers or be of damage to the exercise of e-commerce? Criticisms of the rules of the Regulation will be offered, because these rules do not make any substantial changes to the scope of application of the consumer protection provisions.  Even though a purpose of the amendments was to make the protection provisions clearly applicable to e-commerce, they have not yet made anything easier to be exercised in the e-commerce environment or brought any benefit in terms of the rights of consumers.  Therefore, the thesis will make further suggestions as to how the law should be developed.