The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective

 

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dc.contributor.advisor Naudé, Tjakie en_ZA
dc.contributor.author De Stadler, Elizabeth Briers en_ZA
dc.date.accessioned 2018-04-18T18:53:26Z
dc.date.available 2018-04-18T18:53:26Z
dc.date.issued 2016 en_ZA
dc.identifier.citation De Stadler, E. 2016. The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/27809
dc.description.abstract The Consumer Protection Act 68 ('the CPA') came into effect on 31 March 2011. In broad terms, the purpose of the CPA is to promote the social and economic welfare of consumers. Specific reference is made to reducing disadvantages suffered by vulnerable consumers. The question posed in this thesis is whether the scope of the application of the CPA in relation to transactions for goods is consistent with the purpose of the Act, but also how it compares to the approaches taken in the European Union, United Kingdom and Australia. It is argued that the application provisions are not always fair, rational, clear, efficient and consistent with reasonable expectations. The following issues relating to the application of the Act are addressed: the approach to the protection of small juristic persons, the omission of a exclusion based on the purposes for which the transaction is concluded, the onus of proof, the exclusion of transactions outside the ordinary course of business, the definition of 'supplier', whether transactions should be 'for consideration' in order for the consumer to qualify for protection, whether the whole supply chain should be liable and whether all goods should fall within the scope of the Act. Recommendations on these issues are made in light of rationales for consumer protection legislation, proposed criteria for evaluating such legislation (namely whether the legislation is fair, rational, clear, efficient and consistent with reasonable expectations) and comparative research. Suggested amendments to the wording of relevant sections in the Act are made in the final chapter. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Consumer Rights en_ZA
dc.subject.other Commercial Law en_ZA
dc.title The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation De Stadler, E. B. (2016). <i>The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/27809 en_ZA
dc.identifier.chicagocitation De Stadler, Elizabeth Briers. <i>"The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016. http://hdl.handle.net/11427/27809 en_ZA
dc.identifier.vancouvercitation De Stadler EB. The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/27809 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - De Stadler, Elizabeth Briers AB - The Consumer Protection Act 68 ('the CPA') came into effect on 31 March 2011. In broad terms, the purpose of the CPA is to promote the social and economic welfare of consumers. Specific reference is made to reducing disadvantages suffered by vulnerable consumers. The question posed in this thesis is whether the scope of the application of the CPA in relation to transactions for goods is consistent with the purpose of the Act, but also how it compares to the approaches taken in the European Union, United Kingdom and Australia. It is argued that the application provisions are not always fair, rational, clear, efficient and consistent with reasonable expectations. The following issues relating to the application of the Act are addressed: the approach to the protection of small juristic persons, the omission of a exclusion based on the purposes for which the transaction is concluded, the onus of proof, the exclusion of transactions outside the ordinary course of business, the definition of 'supplier', whether transactions should be 'for consideration' in order for the consumer to qualify for protection, whether the whole supply chain should be liable and whether all goods should fall within the scope of the Act. Recommendations on these issues are made in light of rationales for consumer protection legislation, proposed criteria for evaluating such legislation (namely whether the legislation is fair, rational, clear, efficient and consistent with reasonable expectations) and comparative research. Suggested amendments to the wording of relevant sections in the Act are made in the final chapter. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective TI - The scope of the application of the Consumer Protection Act 68 of 2008 in the context of the sale of defective goods in comparative perspective UR - http://hdl.handle.net/11427/27809 ER - en_ZA


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