A forfeiture clause, entitling the lessor to cancel the agreement, without notice to the lessee, in the event of breach by lessee is not void for unfairness in terms of the Consumer Protection Act 2008. The CPA should not be construed to invest the court with the power to refuse to enforce contractual terms on
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
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
A New Jersey court found that Amazon is not liable for a defective laptop battery it sold that caused a home to burn down.
The plaintiff bought a laptop battery using an Amazon account which was sold by a Hong Kong company. She left the battery charging on her bed and the house burnt down
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
In March 2016, the Austrian Supreme Court granted an award for pain and suffering to a patient for mental strain after a piece of broken scissors was left in his body following a surgery despite the fact that the claimant had not suffered any physical pain.
The action was brought against the manufacturer of the
Notwithstanding the coming into operation of the Consumer Protection Act on 31 March 2011, judgments relying on the Act are few and far between. The High Court judgment in Halstead-Cleak, Derek Anthony v Eskom Holdings Limited is probably the first judgment dealing with product liability under the Act.
A cyclist came into contact with a