Consumer Law Unlocked

Name: Consumer Law Unlocked
Brand: Siber Ink Publishers
Price: 17.99 EUR
Availability: OnlineOnly

Elizabeth de Stadler(Autor*in)

Siber Ink Publishers

Erschienen am 16. August 2013

203 Seiten

E-Book

PDF mit Adobe-DRM

Systemvoraussetzungen

978-1-920025-52-6 (ISBN)

17,99 €inkl. 7% MwSt.

Systemvoraussetzungen

für PDF mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Inhalt

Front cover
Title page
Imprint page
Dedication
Preface
Contents
Table of Statutes
Table of Cases
1. Some introductory remarks
1.1 What is consumer law?
1.2 The approach taken in this publication
1.3 The aims and purpose of the Consumer Protection Act
1.4 Useful sources of consumer law
2. The scope of the Consumer Protection Act
2.1 When does the Consumer Protection Act apply?
2.2 Who is responsible for compliance?
2.3 Exempted transactions
2.3.1 Automatically exempted transactions
2.3.2 Applications by regulatory authorities
2.4 Application to transactions before the CPA came into effect
2.5 When does other legislation apply?
2.6 What about the common law?
3. Consumer rights
3.1 Introduction
3.2 The right to equality
3.2.1 What will constitute discrimination?
3.2.2 When will discrimination be acceptable?
3.2.3 The enforcement of the right to equality
3.3 The right to privacy
3.4 The right to choose suppliers
3.4.1 The right to select suppliers
3.4.2 Expiry and renewal of fixed-term agreements
3.4.3 The right to a free quotation and to pre-authorise repair and maintenance services
3.4.4 The right to cancel transactions concluded as a result of direct marketing
3.4.5 The right to cancel advance reservations, bookings or orders
3.4.6 The right to choose or examine goods
3.4.7 The consumer's rights in relation to delivery
3.4.8 The right to return goods
3.4.8.1 The right to cancel transactions concluded as a result of direct marketing
3.4.8.2 Goods that do not conform to the contract, description and/or sample or specifications
3.4.8.3 Delivery of a mixture of conforming and non-conforming goods
3.4.8.4 Goods intended to satisfy a particular purpose
3.4.8.5 Exceptions to the right to return
3.4.8.6 Charges which may be imposed on the consumer
3.5 The right to disclosure and information
3.5.1 Information regarding the price of goods and services
3.5.2 Product labelling and trade descriptions
3.5.3 The consumer's right to a sales record
3.5.4 The right to disclosures by intermediaries
3.5.5 The right to the identification of deliverers, installers and others
3.6 The right to fair and responsible marketing
3.7 The right to fair and honest dealing
3.8 The right to a fair and reasonable price
3.9 The right to fair, just and reasonable terms and conditions
3.10 The consumer's right to safe, good-quality goods
3.11 The consumer's rights to demand quality service
3.12 The consumer's right to warnings and instructions
3.13 The consumer's right to accountability from suppliers
3.13.1 Lay-bys
3.13.2 Prepaid certificates, credits and vouchers
3.13.3 Prepaid services and access to service facilities
3.13.4 Accounting for the consumer's property
3.13.5 Deposits for containers, pallets or similar objects
3.13.6 Return of parts and materials
3.14 The right to be heard and obtain redress
3.15 Limitation on business names
4. Marketing
4.1 Marketing law
4.2 Appropriate foreign and international law
4.3 Fair and responsible marketing: the general standard
4.4 Marketing and labelling
4.5 Specific practices
4.5.1 Direct marketing
4.5.2 Promotional competitions
4.5.2.1 Application and scope of section 36
4.5.2.2 Who is responsible for compliance?
4.5.2.3 Entry forms
4.5.2.4 Cost of transmitting entries and entering into the competition
4.5.2.5 The competition rules
4.5.2.6 Eligibility for and description of the prize
4.5.2.7 Notifying the prize winner
4.5.2.8 Acknowledgment of receipt of the prize
4.5.2.9 Partial or complete restriction on the availability of the prize
4.5.2.10 Oversight and certification procedures
4.5.2.11 Competition report
4.5.2.12 Prohibited practices
4.5.3 Bait marketing
4.5.4 Negative-option marketing
4.5.5 Catalogue marketing
4.5.5.1 The application and scope of section 33
4.5.5.2 Price display
4.5.5.3 Information which must be disclosed
4.5.6 Customer loyalty programmes
4.5.6.1 The scope and application of section 35
4.5.6.2 Who is responsible for compliance?
4.5.6.3 General principle
4.5.6.4 Loyalty credits or awards are equivalent to cash
4.5.6.5 Offer to participate in the loyalty programme
4.5.6.6 Obligations of the sponsor or supplier
4.5.6.7 Partial or complete restriction of the availability of goods or services
4.5.6.8 Pre-existing loyalty programmes
4.5.7 Trade coupons and similar promotions (promotional offers)
4.5.7.1 The application and scope of section 34
4.5.7.2 General rule
4.5.7.3 The form of the promotional offer
4.5.7.4 Obligations of the supplier and/or sponsor
4.5.8 Alternative work schemes
4.5.9 Referral selling
4.6 The consequences of non-compliant marketing
4.6.1 Compliance notices and administrative fines
4.6.2 Agreements resulting from misleading marketing
4.6.3 Misleading marketing and the quality of goods or services
4.7 Who will police marketing infractions/contraventions?
4.7.1 Liability under the CPA
4.7.2 Self-regulation
5. Labelling
5.1 Existing legislation and self-regulation
5.2 Product labelling and 'trade descriptions'
5.2.1 The scope section 24
5.2.2 Prohibited conduct in relation to labelling
5.2.3 The special duty on retailers
5.2.4 Mandatory content on labels
5.3 Genetically modified organisms
5.4 Reconditioned or grey-market goods
5.5 Price
5.6 Labelling of dangerous goods
6. Consumer contracts (terms and conditions)
6.1 An overview of consumers' rights in relation to contracts
6.2 The right to plain language
6.2.1 What is plain language?
6.2.1.1 The CPA definition
6.2.1.2 Taking a consumer-centric approach
6.2.1.3 A case in point: Standard Bank v Dlamini
6.2.1.4 Some basic plain-language 'principles'
6.2.2 The legal consequences of not drafting in plain language
6.2.3 Choice of language
6.2.4 The right to an explanation of terms which affect liability
6.3 The right to fair and honest dealing
6.3.1 Unconscionable conduct when concluding contracts
6.3.2 Misleading marketing
6.4 The right to contracts that are fair, reasonable and just
6.4.1 The general right to fairness
6.4.2 A list of prohibited (black-listed) terms
6.4.3 Special requirements for exclusions of liability, indemnities and acknowledgments of fact
6.4.4 Terms presumed to be unfair (the grey list)
6.5 Some specific terms affected by the CPA
6.5.1 Description of goods or services
6.5.2 Terms relating to payment
6.5.2.1 All financial obligations must be set out
6.5.2.2 Prepaid credits, cards, certificates or vouchers
6.5.2.3 Payments for future services
6.5.2.4 Deposits
6.5.2.5 The provision of credit
6.5.3 Terms relating to the risk of loss of or damage to property
6.5.4 Warranties and returns
6.5.4.1 Defective goods
6.5.4.2 Other rights to return
6.5.5 Terms relating to the termination of the contract
6.5.5.1 Right to cancel advance reservations, bookings or orders
6.5.5.2 Special rules on the termination of fixed-term agreements
6.6 Concluding the contract
6.7 Electronic contracts
6.7.1 The requirements of the Electronic Communications and Transactions Act 25 of 2002
6.7.1.1 When does ECTA apply?
6.7.1.2 Disclosure requirements
6.7.1.3 Review of transaction, payment systems and cooling-off period
6.7.2 Concluding a contract via a website
6.7.3 Privacy policy
7. Fair value, good quality and safe goods or services
7.1 Introduction
7.2 What are the consumer's rights in relation to faulty or unsafe goods?
7.2.1 Rights in respect of the goods themselves
7.2.1.1 The warranty of quality
7.2.1.2 The consumer's rights if the goods are sub-standard
7.2.1.3 Warranty on repairs
7.2.2 Rights in respect of any harm caused by the goods (product liability)
7.2.2.1 Who can claim?
7.2.2.2 Who is liable for the harm?
7.2.2.3 Were the goods unsafe or defective?
7.2.2.4 What type of harm did the consumer suffer?
7.2.2.5 Did the goods cause the harm?
7.2.2.6 Does the supplier have any defences?
7.2.3 Product recalls
7.3 The consumer's right to demand quality services
7.3.1 Who is liable?
7.3.2 The consumer's rights in respect of sub-standard services
7.3.3 What are the consumer's remedies in respect of sub-standard services?
7.3.4 Claims for harm caused by sub-standard service delivery
7.4 Returns policies and other terms and conditions
7.4.1 Returns policy or warranties in respect of faulty goods
7.4.2 Selling goods 'as is'
7.5 Warnings
7.5.1 Is there a duty to warn consumers?
7.5.2 Requirements for warnings and instructions
7.6 Existing legislation and regulators
8. Enforcement of the CPA
8.1 Introduction
8.2 Who can bring a claim?
8.3 Who adjudicates complaints?
8.3.1 Alternative dispute resolution
8.3.2 The National Consumer Commission
8.3.3 Provincial consumer courts
8.3.4 The National Consumer Tribunal
8.3.5 The ordinary courts
8.4 Investigations by the NCC
8.4.1 The investigation of the claim
8.4.2 Compliance notices
8.4.3 Consent orders
8.5 Administrative fines and offences
8.5.1 Administrative fines
8.5.2 Offences
8.6 Self-regulation
Index
Back cover

Systemvoraussetzungen

Als PDF speichern Als Link merken