Tag archives: CPA

A forfeiture clause providing for summary cancellation of lease agreement on breach is not unfair under the CPA

Photo of Siyabonga MatheBy Siyabonga Mathe on Posted in General
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 … Continue reading

Disclaimer notice at the entrance to a store

Photo of Hishaam KhanPhoto of Yash NaidooBy Hishaam Khan and Yash Naidoo on Posted in General
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

Photo of Donald DinnieBy Donald Dinnie on Posted in General
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

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

Photo of Candice GrievePhoto of Patrick Bracher (ZA)By Candice Grieve and Patrick Bracher (ZA) on Posted in General
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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