The concept ‘fairness’ in the regulation of contracts under the Consumer Protection Act 68 of 2008
Loading...
Authors
Stoop, Philip N.
Issue Date
2013-01-14
Type
Thesis
Language
en
Keywords
Law of contract , Consumer contracts , Procedural fairness , Substantial fairness , Consumer protection law , Contractual fairness , Freedom of contract
Alternative Title
Abstract
The thesis analyses the concept ‘fairness’ in consumer contracts regulated by the Consumer Protection Act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. It discusses the evolution of ‘fairness’ as background to a more detailed
discussion of the classification of fairness into substantive and procedural fairness. The thesis examines dimensions of fairness, factors which play a role in the determination of fairness, and fairness- oriented approaches in an attempt to formulate a framework for fairness in
consumer contracts. The main aspects that should be taken into account to justify a finding of fairness, or to determine whether a contract is fair, are identified. This analysis addresses, too, the extent to which the fairness provisions of the Consumer Protection Act are appropriate (with reference to the law of South Africa, Europe, and England).
Description
Citation
Stoop, Philip N. (2013) The concept ‘fairness’ in the regulation of contracts under the Consumer Protection Act 68 of 2008, University of South Africa, Pretoria, <http://hdl.handle.net/10500/8507>
Publisher
License
University of South Africa