Insights into the South African Consumer Protection Act (CPA) Series #3

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One of the most controversial and far-reaching implications of the Consumer Protection Act (CPA) for suppliers, importers, distributors and retailers is the imposition of strict or no-fault liability for damage caused by goods.

Section 61 provides for liability for any harm caused wholly or partly as a result of supplying any unsafe goods; product failure, defect or hazard in any goods; or inadequate instructions or warnings provided to a consumer pertaining to any hazard arising from or associated with the use of any goods.

In this issue of the Consumer Protection Act (CPA) Series:

  • We investigate the consumer’s right to good quality and safe products and the duties of the supplier in response to this right
  • We explain what the implied warranty of quality means
  • We provide an overview of the warranty on repaired goods
  • We discuss how the product liability provisions increase the risk to producers, importers, distributors and retailers
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