The Consumer Protection Guide for Lawyers

Written by Nicky Campbell and Stephen Logan. Edited by Roy Bregman The Consumer Protection Act heralds a bold new approach to consumer protection in which the State has levelled the playing field and created an agency, the National Consumer Commission, a regulatory framework which intervenes directly in day to day commercial transactions to ensure compliance… Continue Reading

Product liability and the strange case of a snail in a ginger beer bottle

In England and the US, there is a legal principle called “tort” that derives from the French for ‘wrong’. This is known as “delict’ in South African Law, which describes the circumstances in which one person can claim compensation from another for harm that has been suffered. Actions under the Consumer Protection Act 68 of… Continue Reading

Hospitals and Doctors Can No Longer Hide Behind Exemption Clauses

Traditionally, our courts have held that where a patient absolves a hospital or doctor from medical negligence, he or she can’t sue if an operation goes wrong. Typically, an exemption clause will indemnify the hospital, surgeon and anaesthesiologist “from all liability for damages or loss of whatsoever nature, including consequential damages or special damages from… Continue Reading

NCA and CPA Compliant Credit Agreement

NCA and CPA Compliant Credit Agreement I am delighted to announce that Bregmans is now associated with Sarah-lynne Tennant, of SLT Legal Consulting, who specialises in consumer law, banking law, entrepreneurial law and the law of contract. Sarah lectures extensively on the National Credit Act and the Consumer Protection Act. Sarah can conduct seminars at… Continue Reading

Second Hand Car Dealers & the CPA

Second hand car dealers and the CPA What happens if the second-hand car that I just bought turns out to be defective? You need to distinguish between a private sale (where you buy from someone who does not sell cars every day) and a motor dealer who sells cars in the ordinary course of business.… Continue Reading

Voetstoots and the CPA

Does the Consumer Protection Act, 2008 (“CPA”), which became effective on 1 April 2011, mean the end of the “voetstoots” or “as is” clause? What does voetstoots mean When you buy something, there is an implied warrantee that the thing sold is free from any defects. It is, however, possible that one can contract out… Continue Reading

How Binding Is A Suretyship Agreement Contained In The Terms And Conditions Of An Application For Credit?

Typically the credit application contains a clause like this: By his/her signature hereto, the signatory hereby interposes and binds himself as surety and co-principal debtor in solidum for the due faithful and punctual performance of all obligations undertaken by the abovenamed Applicant in favour of the Creditor, under renunciation of the legal exceptions of excussion… Continue Reading

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