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A critical analysis of strict product liability in South Africa
Dissertation (LLM)--University of Pretoria, 2012.
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| Format: | Thesis |
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University of Pretoria
2013
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| _version_ | 1867613474455027712 |
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| access_status_str | Open Access |
| author2 | Van Heerden, C.M. (Corlia) |
| author_browse | Van Heerden, C.M. (Corlia) |
| author_facet | Van Heerden, C.M. (Corlia) |
| collection | Thesis |
| dc_rights_str_mv | © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria |
| description | Dissertation (LLM)--University of Pretoria, 2012. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/25110 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:36:43.511Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/25110 A critical analysis of strict product liability in South Africa Van Heerden, C.M. (Corlia) Strydom, Zinta Consumer Protection Act 68 of 2008 (CPA) Strict product liability South Africa (SA) UCTD Dissertation (LLM)--University of Pretoria, 2012. The goal of this dissertation is to highlight the ambiguities contained in section 61 of the Consumer Protection Act 68 of 2008 (CPA), which attempts to introduce strict product liability for the entire supply chain in the event of product failure, and to propose amendments from which both the consumer as well as the supply chain could benefit. The new dispensation of strict product liability will lead to a step away from the no-fault based liability system that our courts have implemented for decades. Although this system is unfamiliar to South Africa, strict liability regimes have been followed in foreign countries for a considerable period of time. A comparative study of the approaches followed in America and Europe, which both advanced strict product liability regimes, will be undertaken in this study in order to illuminate problematic aspects relating to the concept of defect contained in section 61 of the CPA as well as the various duties of the supply chain in a strict product liability regime. It is argued that the provisions of the CPA ought to be supplemented with regulations, including, but not limited to, the implementation of adequate safety regulations to mitigate product recalls and product liability claims. Mercantile Law unrestricted 2013-09-06T19:19:23Z 2013-05-29 2013-09-06T19:19:23Z 2013-04-18 2012 2013-05-29 Dissertation Strydom, Z 2012, A critical analysis of strict product liability in South Africa, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/25110 > E13/4/637/gm http://hdl.handle.net/2263/25110 http://upetd.up.ac.za/thesis/available/etd-05292013-111103/ © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria application/pdf University of Pretoria |
| spellingShingle | Consumer Protection Act 68 of 2008 (CPA) Strict product liability South Africa (SA) UCTD A critical analysis of strict product liability in South Africa |
| title | A critical analysis of strict product liability in South Africa |
| title_full | A critical analysis of strict product liability in South Africa |
| title_fullStr | A critical analysis of strict product liability in South Africa |
| title_full_unstemmed | A critical analysis of strict product liability in South Africa |
| title_short | A critical analysis of strict product liability in South Africa |
| title_sort | critical analysis of strict product liability in south africa |
| topic | Consumer Protection Act 68 of 2008 (CPA) Strict product liability South Africa (SA) UCTD |
| url | http://hdl.handle.net/2263/25110 http://upetd.up.ac.za/thesis/available/etd-05292013-111103/ |