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Thread: Consumer Protection Act - Contracts

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    Platinum Member sterne.law@gmail.com's Avatar
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    Consumer Protection Act - Contracts

    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    The Office of Fair Trading in the United Kingdom has given some guidance, in the form of guidelines, an explanatory memorandum and examples of what constitutes an unfair term under the UK consumer protection legislation, which is similar to that in South Africa. A similar document from the DTI would be welcome.
    I think it was Ian who pointed to a document from DTI in another thread, and I had a similar thought to the above. The DTI is giving guidance to the consumer, but where's the advice for suppliers?

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    Platinum Member sterne.law@gmail.com's Avatar
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    I know some draft regulations are out, which gives examples of eg, unfair terms and conditions and such. Will see if I can find them.
    Found them - lets hope they help...

    http://www.dti.gov.za/ccrd/consumer/...ection_act.pdf
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  4. Thank given for this post:

    AndyD (14-Mar-11), Dave A (14-Mar-11)

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    Site Caretaker Dave A's Avatar
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    A day's worth of reading by the looks of things.

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    Gold Member Phil Cooper's Avatar
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    If you look at my article under the other CPA thread, you will see where you can get FREE legal advise as a supplier.

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    Gold Member Sparks's Avatar
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    Quote Originally Posted by [URL="http://www.deneysreitz.co.za/index.php/news/freedom_of_contract_and_the_consumer_protection_ac t/"
    http://www.deneysreitz.co.za/index.php/news/freedom_of_contract_and_the_consumer_protection_ac t/[/URL]

    http://www.deneysreitz.co.za/index.p..._you_prepared/
    These links no longer work. Do you have others?

    I am looking for whatever there is about property sale.

    Buyer recourse when the attorneys transfer without a valid COC and they have already finalised the account. The seller is out of the country. Fixed appliances have also been removed.( specified as part of the sale)

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Sparks View Post
    Buyer recourse when the attorneys transfer without a valid COC
    On what basis is the claim of an invalid COC being made?

    Quote Originally Posted by Sparks View Post
    The seller is out of the country.
    That always makes things difficult

  9. #8
    Platinum Member sterne.law@gmail.com's Avatar
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    It seems that after the mereg of Norton Rose and Deneys Reitz, their web site has been changed and links no longer active.

    The COC and itmes are terms of the contract and the normal contractual remedies are available.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  10. #9
    Diamond Member tec0's Avatar
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    In all honesty, if you look at Vodacom’s practice when it comes to their contracts, you find concealment of contract details, you find that Vodacom change their terms after SIM activation and that the facts that the customer agreed to on contract did indeed change in less than 48 hours. If the consumer protection act was worth anything none of the above would happen. So the proof that the consumer protection act is just another fancy piece of paper is found at Vodacom and the way they handle their customers.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    I would Like to know more about my rights if we booked a school venue for a function and we go to the venue the day before the event to fetch the key for the venue and we payed the deposit weeks before the event and we still spoke to the staff at the school the day before we went to the school and when we got to the school they said that the school was having a rugby lunch that same day so we can either have the venue for half the time we originally booked it And obviously that wont work for us because we must still set up the venue and arrange the food and things were paid for already so I would just like to know the legalities regarding that because we paid for a large amount of things and they can't be cancelled so we must pay for everything and the whole event must be cancelled so we're stuck with everything and no event
    What are our rights regarding this ?

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