dc.contributor.author |
Du Plessis, Hanri Magdalena
|
|
dc.date.accessioned |
2018-06-14T09:46:10Z |
|
dc.date.available |
2018-06-14T09:46:10Z |
|
dc.date.issued |
2015 |
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dc.identifier.citation |
Hanri du Plessis "Display of goods for sale, advertisements and the Consumer Protection Act 68 of 2008" 2015 (1) South African Law Journal 150-169 |
en |
dc.identifier.issn |
1996-2177 |
|
dc.identifier.uri |
http://hdl.handle.net/10500/24372 |
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dc.description.abstract |
The article investigates the influence of the Consumer Protection Act 68 of 2008 (‘the
CPA’) on the general rule that the advertising or display of goods for sale at a certain price
is an invitation to do business and not an offer to sell. The article critically discusses the
common-law position and argues that although a general rule exists in favour of
advertisements being regarded as invitations to do business, no such general rule exists in
respect of the physical display of goods at a certain price. Furthermore, although it remains
a factual question whether an offer exists, the underlying policy considerations must also
be taken into account. Thereafter, the article investigates the meaning and influence of the
CPA on the common-law position. It is argued that the relevant provisions in the CPA
(ss 23, 29 and 30) require that the display of goods at a certain price generally would be
viewed as an offer. Furthermore, it is argued that while the CPA has not amended the
common-law rule in respect of advertisements, it has improved the consumer’s position by
prohibiting misleading advertisements and by placing certain obligations on a supplier if it
cannot fulfil the promises in its advertisements. |
en |
dc.language.iso |
en |
en |
dc.publisher |
Juta |
en |
dc.title |
Display of goods for sale, advertisements and the Consumer Protection Act |
en |
dc.type |
Article |
en |
dc.description.department |
Private Law |
en |