Tag archives: Consumer Protection Act

Hospitality guest indemnity upheld under Consumer Protection Act

Author: James Donald, Candidate Attorney In an April 2021 judgement, the Eastern Cape high court held that a standard form guest indemnity used by a game reserve was not in conflict with applicable provisions in the Consumer Protection Act 2008 (the CPA). The plaintiff was a tourist to South Africa, on holiday at a local … Continue reading

Indemnity clauses and the Consumer Protection Act

Indemnity clauses and the Consumer Protection Act In a recent Eastern Cape High Court judgment which you can read about here, the claimant fell into an unfenced pool at the game reserve and injured herself.  The court found in the evidence that the claimant’s conduct was the sole cause of her stepping into the pool and … Continue reading

Disclaimer notice at the entrance to a store

The High Court has refused to apply the terms of a disclaimer notice to defeat the claim of a shopper who tore his bicep while trying to stop a rack from falling. The shop owner’s defence relied on the display of a disclaimer notice alongside the entrance to the store which contained an exemption of … Continue reading

Disclaimers and the Consumer Protection Act

For the first time, a South African court in Van Wyk v UPS dealt with the application of the Consumer Protection Act to disclaimer clauses in a contract. On the facts, the court applied sections 22, 49 and 52 to sever from the agreement the specific clauses on which the defendant sought to escape liability … Continue reading

Medical prosthesis not defective nor abnormal risk (UK)

The manufacturer of a hip prosthesis system (which was of a metal-on-metal design) for use in total hip replacement operations was sued by 313 individual claimants who alleged metal-wear debris damaged surrounding soft tissues necessitating revision surgery. The court found that the system was not defective and the claimants had not proved that it did … Continue reading

Section 61 CPA liability only attaches to a supplier-consumer relationship

A cyclist who suffered electrical burns after coming into contact with a low-hanging powerline had not entered into a transaction with Eskom, nor was he the beneficiary of the electricity supplied. There was no supplier-consumer relationship, as required for a product defect claim under s61(1)(b) of the Consumer Protection Act 2008. This was the finding … Continue reading
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