Consumer rights of the elderly as vulnerable consumers in South Africa : some comparative aspects of the Consumer Protection Act 68 of 2008

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dc.contributor.author Barnard, Jacolien
dc.date.accessioned 2015-06-04T07:59:11Z
dc.date.available 2015-06-04T07:59:11Z
dc.date.issued 2015-05
dc.description.abstract Although consumer protection is not a new concept in South African law, the Consumer Protection Act 68 of 2008 (CPA) now provides for a much more comprehensive and encompassing mechanism to protect consumers. Consumers are protected, not only in the provision of goods and services, the conclusion of contracts but also in the promotion and marketing thereof. The CPA further provides special protection to a particular type of consumer which is the vulnerable consumer and includes elderly consumers. Importantly, and for the first time in the history of South African law, the consumer is provided with eight core fundamental consumer rights. As this contribution is an attempt to provide an interdisciplinary analysis from a legal perspective, identification of what is considered to be an ‘elderly’ consumer, needs to be assessed by referring to relevant empirical studies from both an international as well as South African perspective. The focus of this study is on the protection of the elderly as a category of vulnerable consumers in terms of the CPA. The investigation will attempt to show that the elderly is protected in terms of all eight of the fundamental consumer rights within the CPA. Special reference will be made to two fundamental rights of the consumer in terms of the CPA. First, the elderly consumer’s right to equality in the consumer market (Part A of the CPA) which provides additional protection as the CPA also refers to the Constitutional right to equality. Second, the elderly consumer’s the right to fair and responsible marketing (Part E of the CPA) which in terms of the research is compared with the EU Unfair Commercial Practices Directive. Certain problems regarding elderly consumers are identified and the importance of consumer rights as well as the implementation of the correct consumer policy is argued. en_ZA
dc.description.embargo 2017-05-31 en_ZA
dc.description.librarian hb2015 en_ZA
dc.description.uri http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1470-6431 en_ZA
dc.identifier.citation Barnard, J 2015, 'Consumer rights of the elderly as vulnerable consumers in South Africa :some comparative aspects of the Consumer Protection Act 68 of 2008', International Journal of Consumer Studies, vol. 39, no. 3, pp. 223-229. en_ZA
dc.identifier.issn 1470-6423 (print)
dc.identifier.issn 1470-6431 (online)
dc.identifier.other 10.1111/ijcs.12170
dc.identifier.uri http://hdl.handle.net/2263/45408
dc.language.iso en en_ZA
dc.publisher Wiley en_ZA
dc.rights © 2015 John Wiley & Sons Ltd. This is a pre-copy-editing, author-produced PDF of an article accepted for publication in International Journal of Consumer Studies following peer review. The definitive publisher-authenticated version is : Consumer rights of the elderly as vulnerable consumers in South Africa: some comparative aspects of the Consumer Protection Act 68 of 2008, International Journal of Consumer Studies, vol. 39, no. 3, pp. 223-229, 2015. doi :10.1111/ijcs.12170, is available online at : http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1470-6431 en_ZA
dc.subject Elderly consumers en_ZA
dc.subject Vulnerable consumers en_ZA
dc.subject Consumer protection en_ZA
dc.subject Consumer rights en_ZA
dc.subject Equality en_ZA
dc.subject Commercial practices en_ZA
dc.subject South Africa (SA) en_ZA
dc.subject Consumer Protection Act 68 of 2008 (CPA) en_ZA
dc.subject.other SDG-01: No poverty
dc.subject.other SDG-05: Gender equality
dc.subject.other SDG-10: Reduced inequalities
dc.subject.other Law articles SDG-01
dc.subject.other Law articles SDG-05
dc.subject.other Law articles SDG-10
dc.title Consumer rights of the elderly as vulnerable consumers in South Africa : some comparative aspects of the Consumer Protection Act 68 of 2008 en_ZA
dc.type Postprint Article en_ZA


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