n Without Prejudice - Does this mean voetsek voetstoots? : consumer law
|Article Title||Does this mean voetsek voetstoots? : consumer law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||May 2010|
|Pages||12 - 13|
The voetstoots clause has been a cornerstone of trade since Roman-Dutch times. It allows a thing to be sold "as is" and ensures the seller is not liable to the purchaser for latent defects (of which the seller was unaware). This clause is indispensable in many industries, particularly those of second-hand cars and goods. The impending Consumer Protection Act, however, raises an ominous question mark as to whether the voetstoots clause will continue to be permissible in transactions that are subject to the Act.
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