October this year when the consumer protection act will come into force with an entire set of regulations attached. Consumer protection act regulations as published 220kb pdf. Introduction section 2 part h of the cpa deals with the consumer s fundamental right to fair value, good quality and safety. Consumers have rights, and they will have those rights set out in statutory form for them from 24. The impact of section 22 of the consumer protection act. Warranties in terms of the consumer protection act 68 of 2008. A critical overview and analysis w jacobs pn stoop r van niekerk 1 introduction the controversial1 consumer protection act2 hereafter the act was signed by the president of the republic of south africa on 29 april 2009 and. Summary 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. The president of south africa signed the consumer protection act on 24 april 2009 and it was published in the government gazette on 29 april 2009 and will operate from 31 march 2011. Pdf the influence of the consumer protection act 68 of. Consumer protection act 68 of 2008 faurie nell inc. The consumer protection act 68 of 2008 and the sale of immovable property by estate agents.
Pdf on sep 12, 20, jacolien barnard and others published barnard j the influence of the consumer protection act 68 of 2008 on the common law of sale lld university of pretoria 20. Consumer protection act 68 of 2008 the consumer protection measures act sets out the minimum requirements to ensure adequate consumer protection. Before one can have a look at the influence of new legislation on the common law, it. Legal brief suppliers who in the ordinary course of february 2011 business, enter into transactions with consumers for the supply or potential supply. Purpose of the consumer protection act legalrights.
Pdf barnard j the influence of the consumer protection. The proposed consumer protection regulations, 2010 are hereby. Consumer protection act updated to march 2015 act 68 of 2008. Submitted in partial fulfilment of the requirements for the degree. Consumer protection act regulations i, dr rob davies, minister of trade and industry, in terms of and under section 1201 of the consumer protection act, 2008 act no. The scope of the application of the consumer protection. The thesis then critically discusses the consumer protection law enforcement mechanisms introduced andor catered for by the consumer protection act. The consumer protection act 68 of 2008 the cpa came into effect on 31 march 2011. Abstract although consumer protection is not a new concept in south african law, the consumer protection act 68 of 2008 cpa now provides. A comparative analysis article pdf available may 2011 with 140 reads. The new dispensation of strict product liability will lead to a step away. Pdf the consumer protection act 68 of 2008 and procedural. The consumer protection act 68 of 2008 cpa came into force on 1 april 2011.
I have been asked the following questions on numerous occasions. Pdf the overlap between the consumer protection act 68. In terms of the consumer protection act 68 of 2008 cpa, does a supplier have the right to first repair goods supplied by it before having to replace or refund the purchase price for the goods, in circumstances in which the goods are defective. You have protection both in terms of the common law and the consumer protection act no 68 of 2008 when you buy damaged or defective goods. Pdf does the consumer protection act 68 of 2008 provide. Section 14 of the consumer protection act no 68 of 2008, cpa, which relates to the expiry and renewal of fixed term agreements, reads as follows.
It then analyses the various forms of consumer protection law enforcement mechanisms that were in place prior to the implementation of the consumer protection act 68 of 2008, and sets out why there was a need for the enactment of the consumer protection act. Is it in patient as best medical interests for dr f to comply with the timeconsuming and onerous obligations that the provisions of the consumer protection act 68 of 2008 the act impose on dr f and the hospital before patient a is treated appropriately. The consumer protection act, 2008, no 68 of 2008 was signed into law. Warranties in terms of the consumer protection act 68 of 2008 by ina meiring, director dont be left in the dark when the new consumer protection act comes into full effect. The full impact of the cpa is set to be massive but stands to be developed to the full in time. The realisation of rights in terms of the consumer. Consumer rights of the elderly as vulnerable consumers in south. National credit act 34 of 2005 south african government. Consumer rights and quality of goods and services in a calabash introduction the cpa seeks to protect consumers against unscrupulous supplier or vendor behaviour in south africa. Consumer protection act, no 68 of 2008 legal legal and. The act sets out the minimum requirements to ensure adequate consumer protection in south africa. It is here to stay and it regulates the relationship between a supplier of goods andor services to a consumer. Does the consumer protection act 68 of 2008 provide for strict product liability.
Section 14 of the consumer protection act a property. It is really quite disturbing to realise how many suppliers, big and small, continue to ignore the basics of consumer law and consumer protection as also the tenants of the common law of contract. The act focuses on consumer protection by aiming to promote a fair, accessible and sustainable marketplace for consumer products and. The overlap between the consumer protection act 68 of 2008 and the national credit act 34 of 2005. Professor in the department of private law, university of. It therefore applies to services rendered by attorneys. Section 1 is the definition section of the consumer protection act no 68 of 2008. Background to the cpa the cpa is the result of a long process of reform and development in the field of consumer protection in south africa. View homework help consumer protection act 68 of 2008. The cpa applies to every transaction occurring within south africa for the supply of goods or services, unless the. The purpose of this act is to promote and advance the social and economic welfare of consumers in south africa by. Common law of sale refers to the essentialia of sale the minimum characteristics. Consumer protection act no 68 of 2008 western cape. The consumer protection act 68 of 2008 and the sale of.
Consumer protection act 68 of 2008, and sets out why there was a need for the enactment of the consumer protection act. To establish a legal framework for a consumer market that is fair, accessible, efficient, sustainable and responsible. The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Please note that most acts are published in english and another south african official language. The indepth comparative analysis against the consumer protection law. Purpose of the consumer protection act the purpose of the consumer protection act 68 of 2008 is to achieve the following. The improvement of consumer awareness and information and the encouragement of responsible, informed consumer choice and behaviour. Impact of the consumer protection act in the health care. This act constitutes an overarching framework for consumer protection, and all other laws which provides. When can you return damaged or defective goods or items. One has to look at the definition of a consumer and a supplier. It resulted from the acknowledgment that there was an imbalance between consumers and suppliers, which had arisen. Consumer protection act 68 of 2008 south african government. It is hereby notified that the president has assented to the following act, which is hereby published for general information.
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