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The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia
Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613486084784128 |
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| access_status_str | Open Access |
| author2 | Barnard, Jacolien |
| author_browse | Barnard, Jacolien |
| author_facet | Barnard, Jacolien |
| collection | Thesis |
| dc_rights_str_mv | © 2019 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 | Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/83094 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:54.588Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/83094 The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia Barnard, Jacolien bertlouw16@gmail.com Kuschke, Birgit Louw, Albert Advanced Consumer Protection Law Mercantile Law Advanced Consumer Protection Law UCTD Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2021. Product liability arising from the harm caused by a defective product being supplied to a consumer, is currently and has historically been a pressing concern within the South African consumer context. The establishment of this liability has previously been catered for in terms of the South African common law, either in terms of the law of Delict or via principles captured within contract law. The evident practical flaws of establishing product liability in terms of the common law, coupled with the new Constitutional dispensation, urged the South African legislature in promulgating and implementing the Consumer Protection Act (“CPA”) and specifically introducing the so called ‘strict’ product liability regime as captured within section 61 of the CPA. The primary difference between this method of product liability establishment and the method captured within the common law, is that fault is now not required to be proven on behalf of the ‘supplier’ (party to the supply chain) for product liability to ensue. Although this newly originated ‘strict’ product liability regime as captured within section 61 of the CPA has alleviated the primary common law burdens of establishing product liability, it still has evidential practical flaws and obstacles, which impair both the application and effectiveness of the CPA. This dissertation will seek to determine whether this newly introduced ‘strict’ product liability regime is in fact effective or not. The past and present positions governing product liability in South Africa will be critically examined and analyzed, in determining the current position’s effectiveness. Additionally, the Australian position on product liability will be consulted, in order to draw possible recommendations as to alleviate the current South African position’s practical flaws. LLM Mercantile Law LLM (Mercantile Law) Unrestricted 2021-12-20T12:31:23Z 2021-12-20T12:31:23Z 2022-04-15 2021-10-19 Mini Dissertation * A2022 http://hdl.handle.net/2263/83094 en © 2019 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 | Advanced Consumer Protection Law Mercantile Law Advanced Consumer Protection Law UCTD The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia |
| title | The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia |
| title_full | The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia |
| title_fullStr | The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia |
| title_full_unstemmed | The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia |
| title_short | The effectiveness of the product liability regime in terms of the Consumer Protection Act 68 of 2008 in South Africa : a comparative analysis with Australia |
| title_sort | effectiveness of the product liability regime in terms of the consumer protection act 68 of 2008 in south africa a comparative analysis with australia |
| topic | Advanced Consumer Protection Law Mercantile Law Advanced Consumer Protection Law UCTD |
| url | http://hdl.handle.net/2263/83094 |