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The effect of the Consumer Protection Act on exemption clauses in standardised contracts
Dissertation (LLM)--University of Pretoria, 2011.
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| Format: | Thesis |
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University of Pretoria
2013
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| _version_ | 1867613688365580288 |
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| access_status_str | Open Access |
| author2 | Lotz, D.J. (Dirk Johannes) |
| author_browse | Lotz, D.J. (Dirk Johannes) |
| author_facet | Lotz, D.J. (Dirk Johannes) |
| collection | Thesis |
| dc_rights_str_mv | © 2010, 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, 2011. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/25184 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:40:07.413Z |
| 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:2263/25184 The effect of the Consumer Protection Act on exemption clauses in standardised contracts Lotz, D.J. (Dirk Johannes) christelle@nlb.org.za Kok, Christelle Consumer protection act Exemption clauses Consumer UCTD Dissertation (LLM)--University of Pretoria, 2011. This dissertation discusses the continued existence and enforceability of exemption clauses within the framework of the subsequent movement towards consumer protection. It is argued that the provisions of the Act will lead to the consequence that unfair exemption clauses will be phased out because it could be declared void in terms of this Act and consequently its use will become impractical. Although exemption clauses can be viewed as an essential part of most contracts, such clauses are regarded as one of the most contentious clauses in practice, because they usually exclude the liability of the supplier for losses resulting from defective performance. This Act will lead to a shift away from the strict rule of freedom of contract towards a position of consumer awareness and fair contracting. The Act further provides consumers with the right to, inter alia, good quality goods and services and guarantees these rights by prescribing and controlling the liability of the suppliers. As a result, liability due to defective goods and services may no longer be exempted through exemption clauses. Disputes regarding the fairness of such clauses must further also be considered in view of the guidelines set out in the Act. This study however welcomes the enactment of the Act and believes that it could benefit the country as a whole. Mercantile Law unrestricted 2013-09-06T19:44:49Z 2011-06-03 2013-09-06T19:44:49Z 2011-04-11 2011-06-03 2011-06-01 Dissertation Kok, C 2010, The effect of the Consumer Protection Act on exemption clauses in standardised contracts, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/25184 > E11/355/gm http://hdl.handle.net/2263/25184 http://upetd.up.ac.za/thesis/available/etd-06012011-153158/ © 2010, 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 Exemption clauses Consumer UCTD The effect of the Consumer Protection Act on exemption clauses in standardised contracts |
| title | The effect of the Consumer Protection Act on exemption clauses in standardised contracts |
| title_full | The effect of the Consumer Protection Act on exemption clauses in standardised contracts |
| title_fullStr | The effect of the Consumer Protection Act on exemption clauses in standardised contracts |
| title_full_unstemmed | The effect of the Consumer Protection Act on exemption clauses in standardised contracts |
| title_short | The effect of the Consumer Protection Act on exemption clauses in standardised contracts |
| title_sort | effect of the consumer protection act on exemption clauses in standardised contracts |
| topic | Consumer protection act Exemption clauses Consumer UCTD |
| url | http://hdl.handle.net/2263/25184 http://upetd.up.ac.za/thesis/available/etd-06012011-153158/ |