n Without Prejudice - Contractual autonomy and consumer rights : consumer law

Volume 9, Issue 8
  • ISSN : 1681-178X



The Consumer Protection Act (68 of 2008) will bring to an end an epoch in which the right to contractual autonomy outweighs the rights of consumers, who are almost always in a weaker bargaining position. The Act aims to place consumers and suppliers on an equal footing. In fact, s52(2)(b) provides that in any proceedings before a court concerning the terms of a transaction or agreement between a supplier and consumer, the court must, among other matters, consider the parties' relative bargaining positions.

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