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Latent defects: when is the Consumer Protection Act applicable?

Latent defects: when is the Consumer Protection Act applicable?

May 22, 2019 | Regulatory

When purchasing a product, consumers have fundamental rights that are protected by the Consumer Protection Act 68 of 2008. What is a defect? A ‘defect’ is a material imperfection in a product that causes the product to be less acceptable, or not useful at all, for the...
National Credit Act: Do I need to be registered as a credit provider?

National Credit Act: Do I need to be registered as a credit provider?

Nov 3, 2016 | Commercial Recoveries, Regulatory

On 11 May 2016 the Department of Trade and Industry issued a Government Gazette Notice 39981 regarding the thresholds which determine whether or not a lender of credit or loans in terms of the National Credit Act (NCA) must register to do so. National Credit Act...

Recent Articles

  • City of Cape Town small-scale embedded generation (SSEG) requirements
  • Sections of the Divorce Act declared unconstitutional
  • Is your Will valid?
  • The importance of proper recordkeeping in commercial recoveries
  • The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations
  • Can foreigners own property in South Africa?

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  • Notarial Deeds (2)
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Related Articles

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Criminal Law

  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.
  • Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
    The Constitutional Court ruled that cannabis is legal in South Africa.

Debt Collection

  • The importance of proper recordkeeping in commercial recoveries
  • What to do when a client owes you money
    debt recovery for a business
  • Commercial recoveries: choosing the right court
    Commercial debt recovery enables a business to recover outstanding debt, plus interest and incurred costs from a debtor.
  • Emoluments attachment orders
    An Emoluments Attachment Order is a debt collection process whereby the judgment creditor can deduct part of the salary of the judgment debtor.
  • How the National Credit Act impacts the in duplum rule
    Debtors must be mindful of debts and the implications of the in duplum rule.

Family, Divorce and Matrimonial Law

  • Sections of the Divorce Act declared unconstitutional
  • Relocation and obtaining consent to travel with your child
    You must have consent to travel with child before relocating or going on holiday.
  • The Hague Convention and international child abduction
    child abduction
  • Are you in an abusive marriage or relationship?
    Abusive relationship
  • Reasons for the breakdown of a marriage
    Grounds for divorce in South Africa

Litigation and Dispute Resolution

  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa
  • The importance of having a decent lease agreement
  • The benefits of arbitration

Insolvency Law

  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?
  • The body corporate, unpaid levies, sequestration and the rights of creditors
    The body corporate must prove that a sequestration order will be advantageous to the entire body of creditors.

Labour and Employment Law

  • Disciplinary action based on an employee’s social media conduct
    Disciplinary action based on an employee’s social media conduct
  • Solidarity Trade Union and Dis-Chem’s transformation policy
  • Unfair labour practices in the workplace
    Unfair labour practices in the workplace
  • How Labour Law treats racism in the workplace
    The consequences pertaining to racism in the workplace may be severe should an employer or employee be found guilty.
  • Impact of COVID-19 on the workplace
    As a direct result of the lockdown, many businesses are currently unable to conduct operations.

Litigation and Dispute Resolution

  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa
  • The importance of having a decent lease agreement
  • The benefits of arbitration

Corporate and Commercial Law

  • The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations
  • Conflicting interests between directors and companies
  • Protection of minority shareholder rights in South Africa
  • The importance of having a proper shareholders agreement
    A shareholders agreement details how a company should be operated.
  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company

Criminal Law

  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.
  • Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
    The Constitutional Court ruled that cannabis is legal in South Africa.

Insolvency Law

  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?
  • The body corporate, unpaid levies, sequestration and the rights of creditors
    The body corporate must prove that a sequestration order will be advantageous to the entire body of creditors.

Litigation and Dispute Resolution

  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa
  • The importance of having a decent lease agreement
  • The benefits of arbitration

Maritime and Shipping Law

Regulatory Law

  • The Voetstoots clause and what it means for property buyers and sellers
  • Latent defects: when is the Consumer Protection Act applicable?
    When a latent defect is present, it means that the product lacks the quality promised in terms of the sales agreement.
  • The Voetstoots clause and property sale agreements
    The Voetstoots clause means that property is sold 'as is'.
  • Restaurants: can they charge a non-refundable deposit for reservations?
    Restaurant booking fees are legal and non-refundable within certain conditions.
  • How the National Credit Act impacts the in duplum rule
    Debtors must be mindful of debts and the implications of the in duplum rule.
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