The consumer's right to safe, good quality goods and the implied warranty of quality under Sections 55 and 56 of the Consumer Protection Act 68 of 2008
Journal Article
2011-07-01
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Journal Title
South AFrican Mercantile Law Journal
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Volume Title
Publisher
Juta
Publisher
University of Cape Town
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Faculty
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Abstract
Chapter 2 Part H of the South African Consumer Protection Act, 68 of 2008 ('the CPA') protects the consumer's 'right to fair value, good quality and safety'. This contribution focuses on two sections in this part of the Act, namely section 55, headed 'Consumer's right to safe, good quality goods' and section 56, headed 'Implied warranty of quality'. In the course of explaining the contents of these sections, problematic aspects are identified and proposals made for legislative amendment and interpretation. Some brief comparisons are drawn with the EC Consumer Sales Directive and the Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law ('CESL') which was current at the time of writing. Reference is also made to proposals made by the Law Commissions of England and Wales and of Scotland on consumer remedies for faulty goods.
Description
Reference:
Naude, T. (2011). The consumer's right to safe, good quality goods and the implied warranty of quality under Sections 55 and 56 of the Consumer Protection Act 68 of 2008. SA Mercantile Law Journal= SA Tydskrif vir Handelsreg, 23(3), 336-351.