Display of goods for sale, advertisements and the Consumer Protection Act
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Authors
Du Plessis, Hanri Magdalena
Issue Date
2015
Type
Article
Language
en
Keywords
Alternative Title
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.
Description
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
Publisher
Juta
License
Journal
Volume
Issue
PubMed ID
DOI
ISSN
1996-2177