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

dc.contributor.authorBarnard, Jacolien
dc.date.accessioned2016-08-01T06:13:56Z
dc.date.available2016-08-01T06:13:56Z
dc.date.issued2016
dc.descriptionThe 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.abstractThe 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.departmentMercantile Lawen_ZA
dc.description.librarianam2016en_ZA
dc.description.urihttp://content.ajarchive.org/cdm4/index_00104051.php?CISOROOT=/00104051en_ZA
dc.description.urihttp://reference.sabinet.co.za/sa_epublication/cilsaen_ZA
dc.identifier.citationBarnard, 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.issn0010-4051
dc.identifier.urihttp://hdl.handle.net/2263/56141
dc.language.isoenen_ZA
dc.publisherInstitute for Foreign and Comparative Lawen_ZA
dc.rightsInstitute for Foreign and Comparative Lawen_ZA
dc.subjectConsumer Protection Act 68 of 2008 (CPA)en_ZA
dc.subjectCooling-off righten_ZA
dc.subjectConsumer agreementsen_ZA
dc.subjectVirtueen_ZA
dc.subject.otherSDG-16: Peace, justice and strong institutions
dc.subject.otherLaw articles SDG-16
dc.titleThe 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 Belgiumen_ZA
dc.typeArticleen_ZA

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