Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The effect of the consumer protection act on franchise agreements
Dissertation (LLM)--University of Pretoria, 2013.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2014
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613518602174464 |
|---|---|
| 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 | © 2014 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, 2013. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/41308 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:25.592Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| 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:2263/41308 The effect of the consumer protection act on franchise agreements Lotz, D.J. (Dirk Johannes) Du Plessis, B. (Burnadene) Franchise agreements Consumer protection act UCTD Dissertation (LLM)--University of Pretoria, 2013. This dissertation discusses the influence of the Consumer Protection Act No 68 of 2008, the “CPA”, on franchise arguments. It is argued that the provisions of the CPA will lead to the consequences of restoring equality between a franchisee and a franchisor. A franchise agreement is viewed as an ordinary commercial contract, governed by the same legal principles as any other contract. In reality franchising is in fact far beyond a simple contract; it is also used as a governing system. The franchisors create structures whereby their franchisees can be controlled. In order to manage franchisee opportunism such as the unauthorized use of intellectual property and addressing under-performance, an inherent power imbalance was present in favour of franchisors. The CPA introduced certain provisions that address the relationship between franchisors and franchisees by prescribing and controlling the rights and obligations of the parties. As a result, a fair structure is created to regulate the franchise relationship between the parties. The promulgation of the CPA is welcomed by this study and it is submitted that the country’s economy as a whole can only benefit from it. lmchunu2014 Mercantile Law unrestricted 2014-08-15T07:00:54Z 2014-08-15T07:00:54Z 2014-04-09 2013 Mini Dissertation Du Plessis, B 2014, The effect of the consumer protection act on franchise agreements, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/41308> F14/4/518/lm http://hdl.handle.net/2263/41308 en © 2014 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 | Franchise agreements Consumer protection act UCTD The effect of the consumer protection act on franchise agreements |
| title | The effect of the consumer protection act on franchise agreements |
| title_full | The effect of the consumer protection act on franchise agreements |
| title_fullStr | The effect of the consumer protection act on franchise agreements |
| title_full_unstemmed | The effect of the consumer protection act on franchise agreements |
| title_short | The effect of the consumer protection act on franchise agreements |
| title_sort | effect of the consumer protection act on franchise agreements |
| topic | Franchise agreements Consumer protection act UCTD |
| url | http://hdl.handle.net/2263/41308 |