Abstract:
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
