The influence of the Consumer Protection Act 68 of 2008 on the common law warranty against eviction : a comparative overview

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Authors

Barnard, Jacolien

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North West University, Faculty of Law

Abstract

The implementation of the Consumer Protection Act 68 of 2008 has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller's common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.

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Keywords

Consumer Protection Act 68 of 2008, South African common law of sale, Eviction, United Kingdom (UK), Sales of Goods Act of 1979

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Citation

Barnard, J 2012, 'The influence of the Consumer Protection Act 68 of 2008 on the common law warranty against eviction : a comparative overview', Potchefstroom Electronic Law Journal, vol. 15, no. 5, pp. 348-376.