Tag archives: Consumer Protection Act

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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