No Abstract / Dissertation (LLM)--University of Pretoria, 2014. / hb2014 / Mercantile Law / unrestricted

The Consumer Protection Act 68 of 2008 is far-reaching, ambitious and the first of its kind in the Republic of South Africa. Before and even after the Act has come into force it still has many jurists scratching heads. The focus of this discussion will be on the effects of the Consumer Protection Act on the common law warranty against latent defects given by the seller as well as the effect of the Consumer Protection Act on the exclusion of the seller’s warranty in terms of a voetstoots clause. The consumer’s right to fair value, goods quality and safety (section 55) as well as the consumer’s implied warrant of quality (section 56) is discussed. The position as it stands in terms of English Law is also discussed with regards to latent defects. / Dissertation (LLM)--University of Pretoria, 2014. / lmchunu2014 / Private Law / unrestricted

The purpose of this mini-dissertation is to determine whether and to what extent contractual freedom are infringed and/or obviated by the Consumer Protection Act and to establish if the limitation created by the CPA is the answer to the problem of inequality of bargaining powers of contracting parties. A fundamental concept of law of contract is freedom of contract: the idea that the parties are free to decide whether or not to contract; with whom to contract; and on what terms to contract. Despite the fact that freedom of contract is deeply engrained in our society it has a rather shaky foundation based on multiple assumptions and when objectively viewed the truth is that when making a contract there is always social and economical pressure that is implied in negotiating each and every contract. Having regard to the above it can be said that realistically speaking the fundamental concept of equality in the bargaining powers of contacting parties is the exception rather than the rule and that this unequal position has without a doubt undermined the true notion of freedom of contract. Our Common law has developed many rules and principles to curb this unfairness in the making of contracts. The CPA has praiseworthy intentions such as the promotion of fair business practice and the protection of the vulnerable from exploitation and unsafe and hazardous goods and/or products. Despite the good intentions of the CPA and every other aspect that might have an influence the problem remains enforcement of these principles. Thus despite the infringement of contractual freedom by the regulations of the CPA it appears not to be the answer to the problem of inequality in the bargaining power of parties negotiating a contract. / Dissertation (LLM)--University of Pretoria, 2014. / lmchunu2014 / Mercantile Law / unrestricted

No Abstract Available / Dissertation (LLM)--University of Pretoria, 2014. / lmchunu2014 / Mercantile Law / unrestricted

This dissertation discusses the continued existence and enforceability of exemption clauses within the framework of the subsequent movement towards consumer protection. It is argued that the provisions of the Act will lead to the consequence that unfair exemption clauses will be phased out because it could be declared void in terms of this Act and consequently its use will become impractical. Although exemption clauses can be viewed as an essential part of most contracts, such clauses are regarded as one of the most contentious clauses in practice, because they usually exclude the liability of the supplier for losses resulting from defective performance. This Act will lead to a shift away from the strict rule of freedom of contract towards a position of consumer awareness and fair contracting. The Act further provides consumers with the right to, inter alia, good quality goods and services and guarantees these rights by prescribing and controlling the liability of the suppliers. As a result, liability due to defective goods and services may no longer be exempted through exemption clauses. Disputes regarding the fairness of such clauses must further also be considered in view of the guidelines set out in the Act. This study however welcomes the enactment of the Act and believes that it could benefit the country as a whole. / Dissertation (LLM)--University of Pretoria, 2011. / Mercantile Law / 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 / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

This dissertation discusses the influence of the Consumer Protection Act No 68 of 2008, the “CPA”, on franchise arguments. It is argued that the provisions of the CPA will lead to the consequences of restoring equality between a franchisee and a franchisor. A franchise agreement is viewed as an ordinary commercial contract, governed by the same legal principles as any other contract. In reality franchising is in fact far beyond a simple contract; it is also used as a governing system. The franchisors create structures whereby their franchisees can be controlled. In order to manage franchisee opportunism such as the unauthorized use of intellectual property and addressing under-performance, an inherent power imbalance was present in favour of franchisors. The CPA introduced certain provisions that address the relationship between franchisors and franchisees by prescribing and controlling the rights and obligations of the parties. As a result, a fair structure is created to regulate the franchise relationship between the parties. The promulgation of the CPA is welcomed by this study and it is submitted that the country’s economy as a whole can only benefit from it. / Dissertation (LLM)--University of Pretoria, 2013. / lmchunu2014 / Mercantile Law / unrestricted

This study was designed to explore the offers for home repair received at their door by older consumers and the decisions that were made regarding these offers. Deacon and Firebaugh's decision making process was used as the theoretical model for this study. Participants were asked questions about their experiences with door-to-door solicitations for home repair and how they made the decision to accept or reject the offer. The participants in this study were twenty-five older consumers involved in senior groups in Montgomery County, Virginia. Participants were obtained by the researcher at meetings in different parts of the county. A telephone interview was used to collect the data. Demographic data is reported using descriptive statistics. Qualitative analysis of anecdotal data was used to determine themes and patterns in the interview data. Questions about uses of the media and knowledge of the Virginia Consumer Protection Hotline were asked. The results of this study support the idea that older consumers in this county are being approached at their door by people offering them home repair services. Two of the six participants who had received an offer for home repair (specifically driveway sealing), accepted the offer. One participant was unhappy with the outcome of the repair, while the other was satisfied with the service. / Master of Science

This thesis addresses the consumer protection regime in the United Arab Emirates (UAE) against damages posed by defective industrial products, unfair business practices and misleading advertising. Nowadays, unfair and deceptive practices such as the selling of defective or sub-standard goods, the charging of exorbitant prices, misrepresentation of the efficacy or usefulness of goods, and negligence as to safety standards have become rampant. Accordingly, it has become necessary to promote the development and refinement of statutory measures, even in developed countries, to make producers/traders more accountable to consumers. This thesis examines the legal grounds on which consumer protection stands within the newly enacted legal framework for consumer protection in the UAE. In addition, this thesis elaborates upon relevant regulations provided by UAE legislators as well as related laws in selected Arab countries. It further investigates the adequacy of administrative authorities’ measures in the UAE, and explains whether respective administrative rules are capable of compensating consumers for material and physical damages incurred. It also explores the inadequacies of the administration’s measures and rules, and highlights the importance of integration between administrative bodies in achieving a sufficient level of protection for consumers. The findings of this thesis are based on a detailed review of specific issues in consumer protection models in the Shari’a law and the United Kingdom (UK) model. Thus, it will refer to solutions devised by Islamic Shari’a law and the UK legal system to provide more comprehensive protection to consumers and strengthen their position in relation to that of traders. The study suggests that there is a need to amend the consumer protection in the UAE. It indicates a need for the unified, effective and meaningful implementation of consumer protection legal and administrative procedures in the UAE, and emphasizes that the non-governmental consumer protection association must be given a wider and legal role in supporting the governmental bodies. These findings may help in improving the current consumer protection regime in the UAE as well as reducing infringements committed by traders. This thesis concludes by making recommendations for drafting a comprehensive set of rules in the UAE in the hopes that such recommendations will contribute effectively toward the development of a consumer protection regime in the UAE.

by Chow Yiu Ho, Andrew, Chui Wai Shun, Clare. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1988. / Bibliography: leaves 124-125.