The influence of Part G of the Consumer Protection Act 68 of 2008 on the general principles of contract

Abstract

This dissertation considers and evaluates how the implementation of the Consumer Protection Act 68 of 2008 ( CPA ) and more specifically Part G thereof influences the common law in relation to contract law and the consumer s rights to fair just and reasonable contract terms, together with considering the pit falls of the CPA in its current form and the sections which require amendment. It will be illustrated that the CPA has been drafted with the clear intention of protecting and benefiting the consumer by codifying the common law provisions in order to strengthen the consumer s position within consumer markets. Many terms and principles introduced by the CPA are foreign to the South African legal system. It can be expected with any entirely new piece of legislation implemented within an existing legal system that there will be conflicts and uncertainties in the application thereof. Ultimately this dissertation has found two sets of conclusions. Firstly the general effect that Part G of the CPA has on consumer markets, namely strengthening consumer rights thereby enabling consumers, more particularly historically disadvantaged consumers to actively partake in consumer markets as a whole. Secondly this dissertation unfortunately has also found that the CPA has failed to use essential mechanisms as used in the United Kingdom and European Union unfair terms legislation to curb unfair unjust and unreasonable contract terms.

Hierdie verhandeling oorweeg en evalueer hoe die implementering van die Verbruikers Beskerming Wet No. 68 van 2008 (hierna " VBW ") en meer spesifiek Deel G daarvan wat die gemenereg met betrekking tot kontraktereg beïnvloed en die verbruiker se regte tot billike, regverdige en redelike kontrakterme, tesame met die