Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Exemption clauses in medical contracts
Dissertation (LLM (Private Law))--University of Pretoria, 2023.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2024
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613525589884928 |
|---|---|
| access_status_str | Open Access |
| author2 | Cornelius, Steve J. |
| author_browse | Cornelius, Steve J. |
| author_facet | Cornelius, Steve J. |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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 (Private Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94287 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:32.074Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/94287 Exemption clauses in medical contracts Cornelius, Steve J. u14148235@tuks.co.za Langa, Charity Ntokozo UCTD Contracts Indemnity clauses Exclusionary clauses Pacta sunt servanda Gross negligence Unconscionable terms Consumer protection Freedom of contract Unequal bargaining power Public policy Medical malpractice Dissertation (LLM (Private Law))--University of Pretoria, 2023. Many private hospitals in South Africa have consistently tried to discharge themselves from liability by having patients sign admission forms that contain indemnity or exclusionary clauses. They rely on standard legal rules like the caveat subscriptor rule and pacta sunt servanda to bind vulnerable patients to unconscionable terms. The former rule binds contracting parties to an agreement they signed, irrespective of whether they read and understood it. In the well-known Afrox Healthcare Bpk v. Strydom decision, the Supreme Court of Appeal ruled that common law allows hospitals to escape responsibility for medical malpractice causing death or bodily or psychological harm, excluding cases of gross negligence. The consequences of this judgment have now been surpassed by the provisions of the Consumer Protection Act of 2008 (‘CPA’), which came into effect in March 2011. The Act aims to ‘promote and advance the social and economic welfare of consumers in South Africa.’ My research identifies the effect of exclusionary clauses in medical and hospital contracts, particularly when analysed in light of the provisions of the Consumer Protection Act. The Afrox case has been controversial, with many legal scholars arguing that the case's premises must be reversed since the ruling violates public policy. It is argued that with the Consumer Protection Act in effect, exclusionary provisions in medical and hospital contracts should gradually lose their substantial influence over consumers. The Act is a step in the right direction toward patient and consumer protection and education. Private Law LLM (Private Law) Unrestricted Faculty of Laws None 2024-02-05T09:33:01Z 2024-02-05T09:33:01Z 2024-05-16 2023 Dissertation * A2024 http://hdl.handle.net/2263/94287 en © 2023 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 | UCTD Contracts Indemnity clauses Exclusionary clauses Pacta sunt servanda Gross negligence Unconscionable terms Consumer protection Freedom of contract Unequal bargaining power Public policy Medical malpractice Exemption clauses in medical contracts |
| title | Exemption clauses in medical contracts |
| title_full | Exemption clauses in medical contracts |
| title_fullStr | Exemption clauses in medical contracts |
| title_full_unstemmed | Exemption clauses in medical contracts |
| title_short | Exemption clauses in medical contracts |
| title_sort | exemption clauses in medical contracts |
| topic | UCTD Contracts Indemnity clauses Exclusionary clauses Pacta sunt servanda Gross negligence Unconscionable terms Consumer protection Freedom of contract Unequal bargaining power Public policy Medical malpractice |
| url | http://hdl.handle.net/2263/94287 |