The virtue of cooling-off rights to consumers : ‘be in the habit of choosing the mean’ – a comparative discussion of South Africa, the United Kingdom and Belgium

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dc.contributor.author Barnard, Jacolien
dc.date.accessioned 2016-08-01T06:13:56Z
dc.date.available 2016-08-01T06:13:56Z
dc.date.issued 2016
dc.description The initial research on which this contribution is based formed part of a paper presented by the author at the 15th International Conference on Consumer Law (Virtues and Consumer Law) held in June 2015 at the University of Amsterdam. en_ZA
dc.description.abstract The focus of this contribution is on the consumer’s cooling-off right in terms of section 16 of the Consumer Protection Act 68 of 2008 in the case of consumer agreements in South Africa compared with the positions in the EU member states: the United Kingdom and Belgium. In its simplest form a cooling-off right can be described as a statutory right accorded a party in terms of which he or she may withdraw from the agreement without reason or penalty within a specified time, provided that this is done in accordance with the statutory formalities of the particular Act. A comparative analysis is conducted to determine if a cooling-off right is in fact advantageous and how the advantage is to be determined. As a basis the concept of virtue by Aristotle is used in that a ‘virtue is to make a habit of choosing the mean.’ The concept is analysed comparatively by discussing ‘the mean’ (the possible voices between which a mean needs to be found); ‘the choice’ (the responsibility of making the choice lies not only in the hands of the consumer but also of the supplier and legislature); and finally making ‘a habit’ of choosing the mean (conclusion after comparative analysis). en_ZA
dc.description.department Mercantile Law en_ZA
dc.description.librarian am2016 en_ZA
dc.description.uri http://content.ajarchive.org/cdm4/index_00104051.php?CISOROOT=/00104051 en_ZA
dc.description.uri http://reference.sabinet.co.za/sa_epublication/cilsa en_ZA
dc.identifier.citation Barnard, J 2016, 'The virtue of cooling-off rights to consumers : ‘be in the habit of choosing the mean’ – a comparative discussion of South Africa, the United Kingdom and Belgium', Comparative and International Law Journal of Southern Africa, vol. 49, no. 2, pp. 1-23. en_ZA
dc.identifier.issn 0010-4051
dc.identifier.uri http://hdl.handle.net/2263/56141
dc.language.iso en en_ZA
dc.publisher Institute for Foreign and Comparative Law en_ZA
dc.rights Institute for Foreign and Comparative Law en_ZA
dc.subject Consumer Protection Act 68 of 2008 en_ZA
dc.subject Cooling-off right en_ZA
dc.subject Consumer agreements en_ZA
dc.subject Virtue en_ZA
dc.title The virtue of cooling-off rights to consumers : ‘be in the habit of choosing the mean’ – a comparative discussion of South Africa, the United Kingdom and Belgium en_ZA
dc.type Article en_ZA


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