The Influence of Part G of the Consumer Protection Act 68 of 2008 on the General Principles of Contract

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ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.:/5 (99 download)

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Book Synopsis The Influence of Part G of the Consumer Protection Act 68 of 2008 on the General Principles of Contract by : Car De Veer

Download or read book The Influence of Part G of the Consumer Protection Act 68 of 2008 on the General Principles of Contract written by Car De Veer and published by . This book was released on 2015 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Influence of the Consumer Protection Act 68 of 2008 on the Common Law Obligations of the Seller Vis-à-vis Risk and Duty to Take Care, Eviction, and Defects

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (956 download)

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Book Synopsis The Influence of the Consumer Protection Act 68 of 2008 on the Common Law Obligations of the Seller Vis-à-vis Risk and Duty to Take Care, Eviction, and Defects by : Heila Levina Helena Catharina Kruger

Download or read book The Influence of the Consumer Protection Act 68 of 2008 on the Common Law Obligations of the Seller Vis-à-vis Risk and Duty to Take Care, Eviction, and Defects written by Heila Levina Helena Catharina Kruger and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Influence of the Consumer Protection Act 68 of 2008 on the Common Law of Sale

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ISBN 13 :
Total Pages : 539 pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis The Influence of the Consumer Protection Act 68 of 2008 on the Common Law of Sale by : Jacolien Barnard

Download or read book The Influence of the Consumer Protection Act 68 of 2008 on the Common Law of Sale written by Jacolien Barnard and published by . This book was released on 2013 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Consumer Protection Act 68 of 2008 and Procedural Fairness in Consumer Contracts

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ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Consumer Protection Act 68 of 2008 and Procedural Fairness in Consumer Contracts by : Philip N. Stoop

Download or read book The Consumer Protection Act 68 of 2008 and Procedural Fairness in Consumer Contracts written by Philip N. Stoop and published by . This book was released on 2016 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: In general, the concept "contractual fairness" can be narrowed down, described and analysed with reference to the two interdependent types of fairness - substantive and procedural fairness. Measures aimed at procedural fairness in contracts address conduct during the bargaining process and generally aim at ensuring transparency. One could say that a contract is procedurally fair where its terms are transparent and do not mislead as to aspects of the goods, service, price and terms. Despite the noble aims of legislative measures aimed at procedural fairness there are certain limits to the efficacy of procedural measures and transparency. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is fair are analysed in this article, as are other measures contained in the Act, which may also increase procedural fairness, and are discussed so as to allow suppliers to predict whether their contracts will be procedurally fair or not in terms of the Act. The special procedural measures can be categorised under measures requiring disclosure and/or mandatory terms, and measures addressing bargaining position and choice. It is concluded that owing to the nature of all these factors and measures related to procedural fairness, it is clear that openness and transparency are required by the CPA.

The Concept 'fairness' in the Regulation of Contracts Under the Consumer Protection Act 68 of 2008

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Publisher :
ISBN 13 :
Total Pages : 532 pages
Book Rating : 4.:/5 (843 download)

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Book Synopsis The Concept 'fairness' in the Regulation of Contracts Under the Consumer Protection Act 68 of 2008 by : Philip N. Stoop

Download or read book The Concept 'fairness' in the Regulation of Contracts Under the Consumer Protection Act 68 of 2008 written by Philip N. Stoop and published by . This book was released on 2012 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008

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Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008 by : Philip N. Stoop

Download or read book Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008 written by Philip N. Stoop and published by . This book was released on 2014 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer's right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America).

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Effect of the Consumer Protection Act on Contractual Freedom

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (956 download)

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Book Synopsis The Effect of the Consumer Protection Act on Contractual Freedom by : Maud Fritz

Download or read book The Effect of the Consumer Protection Act on Contractual Freedom written by Maud Fritz and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this mini-dissertation is to determine whether and to what extent contractual freedom are infringed and/or obviated by the Consumer Protection Act and to establish if the limitation created by the CPA is the answer to the problem of inequality of bargaining powers of contracting parties. A fundamental concept of law of contract is freedom of contract: the idea that the parties are free to decide whether or not to contract: with whom to contract: and on what terms to contract. Despite the fact that freedom of contract is deeply engrained in our society it has a rather shaky foundation based on multiple assumptions and when objectively viewed the truth is that when making a contract there is always social and economical pressure that is implied in negotiating each and every contract. Having regard to the above it can be said that realistically speaking the fundamental concept of equality in the bargaining powers of contacting parties is the exception rather than the rule and that this unequal position has without a doubt undermined the true notion of freedom of contract. Our Common law has developed many rules and principles to curb this unfairness in the making of contracts. The CPA has praiseworthy intentions such as the promotion of fair business practice and the protection of the vulnerable from exploitation and unsafe and hazardous goods and/or products. Despite the good intentions of the CPA and every other aspect that might have an influence the problem remains enforcement of these principles. Thus despite the infringement of contractual freedom by the regulations of the CPA it appears not to be the answer to the problem of inequality in the bargaining power of parties negotiating a contract.

The Unilateral Determination of Price in Contracts of Sale Governed by the Consumer Protection Act 68 of 2008

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Publisher :
ISBN 13 :
Total Pages : 394 pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis The Unilateral Determination of Price in Contracts of Sale Governed by the Consumer Protection Act 68 of 2008 by : Hanri Magdalena Du Plessis

Download or read book The Unilateral Determination of Price in Contracts of Sale Governed by the Consumer Protection Act 68 of 2008 written by Hanri Magdalena Du Plessis and published by . This book was released on 2012 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Consumer Protection Act 68 of 2008 & Rules and Regulations

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Publisher :
ISBN 13 : 9781485134824
Total Pages : 650 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Consumer Protection Act 68 of 2008 & Rules and Regulations by : South Africa

Download or read book Consumer Protection Act 68 of 2008 & Rules and Regulations written by South Africa and published by . This book was released on 2019 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Plain Language Requirement in Terms of Section 22 of the Consumer Protection Act 68 of 2008 as Applied to Consumer Contracts

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (116 download)

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Book Synopsis The Plain Language Requirement in Terms of Section 22 of the Consumer Protection Act 68 of 2008 as Applied to Consumer Contracts by : Takatso Seifo Rachel Theledi

Download or read book The Plain Language Requirement in Terms of Section 22 of the Consumer Protection Act 68 of 2008 as Applied to Consumer Contracts written by Takatso Seifo Rachel Theledi and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Consumer Protection aims to protect the rights of the consumers. Through the protection of the rights of the consumer, there is a balance being created between the supplier and consumer. The introduction of the plain language requirement by the Consumer Protection Act 68 of 2008 has brought about a new dimension in the relationship between consumers and suppliers when concluding consumer contracts. The plain language requirement places a duty on suppliers to ensure that the consumers understand the contents of the consumer contract clearly. Therefore, the plain language requirement requires the suppliers to ensure that the provisions of section 22 of the Consumer Protection Act 68 of 2008 are fulfilled. The purpose of this study is to investigate the provisions section 22 of the Consumer Protection 68 of 2008. The investigation involves the assessment of benefits and challenges of the plain language requirement to consumers and suppliers in consumer contracts. The investigation reveals that the satisfaction of the plain language requirement as applied to consumer contracts poses a burden on suppliers. The outcomes of this study reveal there is need to have guidelines in place for suppliers. These guidelines will enable the suppliers to determine whether they have satisfied the plain language requirement when concluding consumer contracts with consumers.

Contract Law in South Africa

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189343
Total Pages : 196 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Contract Law in South Africa by : Louis F. van Huyssteen

Download or read book Contract Law in South Africa written by Louis F. van Huyssteen and published by Kluwer Law International B.V.. This book was released on 2017-07-20 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Fairness in Consumer Contracts

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Publisher : Routledge
ISBN 13 : 1351937391
Total Pages : 465 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Fairness in Consumer Contracts by : Chris Willett

Download or read book Fairness in Consumer Contracts written by Chris Willett and published by Routledge. This book was released on 2016-12-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.

Consumer Protection Act 68 of 2008 & Rules and Regulations

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Publisher :
ISBN 13 : 9781485128380
Total Pages : 650 pages
Book Rating : 4.1/5 (283 download)

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Book Synopsis Consumer Protection Act 68 of 2008 & Rules and Regulations by : South Africa

Download or read book Consumer Protection Act 68 of 2008 & Rules and Regulations written by South Africa and published by . This book was released on 2018 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ぼけしらず

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Publisher :
ISBN 13 :
Total Pages : 169 pages
Book Rating : 4.:/5 (676 download)

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Book Synopsis ぼけしらず by :

Download or read book ぼけしらず written by and published by . This book was released on 1999 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Consumer Protection Act 68 of 2008 and Regulations and Related Material

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Publisher :
ISBN 13 : 9780702186509
Total Pages : 491 pages
Book Rating : 4.1/5 (865 download)

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Book Synopsis Consumer Protection Act 68 of 2008 and Regulations and Related Material by : South Africa

Download or read book Consumer Protection Act 68 of 2008 and Regulations and Related Material written by South Africa and published by . This book was released on 2011 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Consumer Protection Act 68 of 2008

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Publisher : Juta
ISBN 13 : 9780702181771
Total Pages : 173 pages
Book Rating : 4.1/5 (817 download)

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Book Synopsis Consumer Protection Act 68 of 2008 by : South Africa

Download or read book Consumer Protection Act 68 of 2008 written by South Africa and published by Juta. This book was released on 2009 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: