n Tydskrif vir die Suid-Afrikaanse Reg - Product Liability in South Africa, Max Loubser and Elspeth Reid : book review

Volume 2014, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The Consumer Protection Act 68 of 2008 (CPA) that came into operation on 31 March 2011 introduced strict liability on producers, importers, distributors and retailers for damage occasioned by defective goods. The authors of this first South African textbook dealing with this intriguing field of law set themselves the goal of explaining "some" of the theoretical problems besetting strict liability for products on the basis of an analysis of both local and foreign sources and of providing guidance in respect of practical problems created by the application of the act (v). It would therefore appear that the work is not intended as an exhaustive treatise on consumer protection law in South Africa, but rather as a pioneering attempt to highlight some topics within this broad applied field of law which spans fields such as the law of delict and contract where no more than cursory reflections on products liability as such, or as a subdivision of consumer protection, appear in the standard textbooks on these branches of the law, or in works of a more general kind (see Neethling and Potgieter (2010) 317-320; 373-375; Loubser, Midgley (2010) 243-251; Hutchison, Pretorius (2012) 431 ; Du Bois (2007) 1104-1105).

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