For years, promotional activities in South Africa have been subject to regulation by various industry-specific regulatory bodies, such as inter alia, the Advertising Standards Authority, the Direct Marketing Association of South Africa and the Independent Communications Authority of South Africa. In addition, various, legislative pieces including the Consumer Affairs (Harmful Business Practice) Act 71 of 1988, the Tobacco Products Control Act 83 of 1993, and the Electronic Communications and Transactions Act 25 of 2002 have regulated important aspects pertaining to promotional activities. Following the promulgation of the Consumer Protection Act 68 of 2008 (hereafter referred to as the CPA or the Act) all forms of promotional activities in South Africa are now regulated under this single piece of legislation, or are they? The potential problems that arise from the application of the provisions pertaining to promotional activities in the CPA are the threefold: namely, the possible redundancy of these pre-existing regulatory bodies; the over-regulation of promotional activities in South Africa; and the interplay between the provisions of the CPA, as well as the legislation and Codes pertaining to promotional activities, that have not been repealed by the Act. The investigation into these three major concerns will be conducted with reference to the regulation of promotional activities in terms of other South African statutes and existing Codes. In addition a comparative analysis with the regulation of promotional activities in the United Kingdom will be carried out. / Dissertation (LLM)--University of Pretoria, 2014. / Mercantile Law / unrestricted

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

The coastal zone is a valuable resource which provides a diversity of benefits. The difficulties facing the coastal zone tend to fall into three categories: (1) Pressure and conflict on resources. The beach residence value, an indicator of land use pressure, implies that, of the Australian states, New South Wales' coastal zone is under the greatest pressure. Associated with population is development pressure. Many forms of development are not compatible, hence conflicts of interest can arise. (2) The dynamic nature of the coast. That is, the physical and biological aspects of the coastal zone are in a state of flux. The dynamics make predictions for management controversial. (3) Organisational problems. The lack of direction, lack of coordination and fragmentation of management leads to ad hoc management of this valuable resource. This evaluation identified and confirmed the relevance of coastal issues which led to the enactment of the Coastal Protection Act, 1979. The coastal issues investigated were: coastal erosion and development; coastal erosion and protection works; coastal land degradation; degradation of coastal habitats, fish and wildlife resources; recreation opportunities; pollution; and increasing population pressure and competition betweeen alternative uses. The administrative arrangements for management of the issues were investigated. A broad range of coastal issues were evaluated using a mix of indicators with standards of comparison to measure progress. Management tools, policies and strategies used to address the issues were investigated. Finally prescriptions to further address the issues were made as was how to implement the prescriptions. The evaluation noted: increasing coastal population and development pressure; numerous examples of conflicts of interest; complex and often bewildering administrative arrangements for coastal zone management; widely varying levels of performance by agencies; and a lack of direction and co-ordination from State authorities. The principal conclusion was that strategic planning needed to be undertaken through a lead coastal agency. The lead agency should clarify and improve direction, co-ordination and co-operation in coastal management. This should improve the effectiveness of management and reduce the incidence and duration of conflict among the different and competing coastal values. This evaluation of the effectiveness of coastal management, at a State level, should not only assist New South Wales but also other States in the management of this valuable resource.

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