n Tydskrif vir die Suid-Afrikaanse Reg - Koop van 'n saak vir sy normale of vir 'n bepaalde doel. En die een en ander oor winkeldochters
|Article Title||Koop van 'n saak vir sy normale of vir 'n bepaalde doel. En die een en ander oor winkeldochters|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Affiliations||1 University of Johannesburg|
|Publication Date||Jan 2013|
|Pages||1 - 20|
ISI Social Science
This article deals with a seller's duty to deliver a thing sold that is fit for the purpose that it is normally used, or for the purpose that the purchaser, to the knowledge of the seller, intends to use it. This duty of a seller has been part of South African law and other legal systems for a long time. The duty has been strengthened by means of legislation. In this article the relevant provisions in the Dutch Burgerlijk Wetboek are examined and analysed. This is followed by a discussion of the South African Consumer Protection Act 68 of 2008. This act is not a codification of the law of sale on the topic and basic principles of the law of sale and the law of contract must be borne in mind when the matter is considered. The Consumer Protection Act protects consumers when goods are supplied (which includes contracts of purchase and sale) by a supplier who does so in the normal course of his business. The consumer need not be a "private person". Consumers are protected whether they enter into contracts for business or professional reasons or for household or personal reasons. Indeed, the act even protects consumers that are juristic persons to a limited extent. One of the protective measures in the act is the seller's duty to deliver goods that are reasonably suitable for the purposes for which they are generally intended. This duty of the seller, and corresponding right of the purchaser, is dealt with at some length in the Consumer Protection Act and the consumer has certain remedies at his or her or its disposal should the seller fail to fulfil its statutory duty. The rights created by the statute is not, however, exclusive or exhaustive and coexist in addition to any remedies that the consumer may have in terms of the common law and in terms of contractual warranties otherwise provided by the seller. Third parties such as the manufacturer, importer and distributor of the thing sold are also held liable by the Consumer Protection Act.
This article compares similar provisions in Dutch Law, in particular the conformiteitsvereiste contained in section 7:17 of the BW, with the corresponding provisions and principles of South African law, analyses the relevant provisions in the Consumer Protection Act and makes recommendations regarding the interpretation and application of the provisions in the act dealing with the matter under discussion.
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