Consumer Law

She Fell Out of a Safari Vehicle: When Disclaimers Fail

Consumer Law, CPA / Contract /

Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.
These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.

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Your New Car’s a Lemon: Here’s How to Make Lemonade and Get Your Money Back

Consumer Law, Delict and Civil Claims /

You buy a second-hand vehicle and finance it through a bank. When you realise the vehicle is a complete lemon, you cancel the sale and return the vehicle. But the bank still wants its monthly instalments.
We have good news for you. The Supreme Court of Appeal has just held that a bank in that situation was, per the terms of its own agreement, the “supplier” of the vehicle and must refund to the buyer both the deposit and the monthly instalments she had paid it. How did that come about, and what must you prove to win your case?

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Braai Chain Hauled Over the Coals for Hidden Service Charges and Fined R1m

Constitutional Law, Consumer Law /

“The secret of life is honesty and fair dealing… If you can fake that, you’ve got it made.” (Groucho Marx) We’ve all had this experience – meal over, relaxed and happy, you call for the bill and decide to reward your friendly and helpful waitron with a good tip. Only to find, on checking the

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cpa 650

Brand-New Car Giving You Nightmares? CPA to the Rescue

Consumer Law /

“The Consumer Protection Act 68 of 2008 (CPA) establishes a broad and comprehensive scope for consumer protection. Its purview includes developing and maintaining a consumer market in such a way as to ensure fairness, accessibility, effectiveness, sustainability and responsibility for the benefit of consumers” (Extract from judgment below) You drive your brand-new car home, eager

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