Abstract:
We will attempt to answer the vexing question that arises in the
context of the consumer’s remedies where he has been sold defective
goods after 31 March 2011 (the date on which the CPA came into general
effective operation) under an instalment agreement governed by the
NCA. We will therefore also focus on the nature of an instalment sale
agreement, and the rights and obligations of all the parties involved in
the sale of the vehicle and the eventual conclusion of an instalment
agreement in terms of the NCA. Further, we will examine the interplay,
if any, between those rights and obligations in terms of the NCA in the
case of an instalment agreement, and the rights and obligations of a
supplier and a consumer under the CPA as regards the issue of defective
goods.
