Saturday, April 2, 2011
Its Here. Its Law!
1 April 2011 has come and gone and the act is now a fact of life. Will the courts interpret s48 as price fixing or not? http://www.barnards.co.za
Wednesday, February 2, 2011
Foriegn Case Law
In terms of section 2(2)(a) of the Consumer Protection Act ("CPA"), the courts may have regard to foreign case law. In this post we want to assist and collect as much information on any relevant local and foreign case law on the Fair Price or any related CPA issue. Please help legal practitioners expand their database by referring to and commenting on such cases or other authorities.
Is their any other country with an equivalent or similar worded legislation on Fair Price?
Is their any other country with an equivalent or similar worded legislation on Fair Price?
Tuesday, February 1, 2011
Authorities on the subject matter
Other than listing it and referring to it in general and in the context of franchising, Adv NJ Melville does not really seem to discuss or clarify the concept in The Consumer Protection Act Made Easy. In Chapter 10 of A Guide to the Consumer Protection Act, Dr Evert van Eeden devotes some discussion on the topic.
How will I know that I am charging a fair price? I can agree with my neighbour that we will charge the same price but that will be a contravention of the Competitions Act and might in any event be regarded as unfair or unconscionable in terms of the CPA. If the price I charge is fair, will it automatically be regarded as just and reasonable? If so, why does the Act use all three discriptions?
How will I know that I am charging a fair price? I can agree with my neighbour that we will charge the same price but that will be a contravention of the Competitions Act and might in any event be regarded as unfair or unconscionable in terms of the CPA. If the price I charge is fair, will it automatically be regarded as just and reasonable? If so, why does the Act use all three discriptions?
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