The Consumer Protection Act 68 of 2008 and Parol Evidence
Abstract
The conflict between the objectives of the Consumer Protection
Act 68 of 2008 – to protect consumers and ensure accessible
and transparent redress – and the purpose of the parol evidence
rule – to exclude extrinsic evidence and observe the maxim pact
servanda sunt ‒ is evident and forms the basis of this article.
The purpose of consumer protection legislation is to balance the
rights of consumers and suppliers, to protect the interests of
consumers and to ensure efficient redress for consumers who
have been wronged. The parol evidence rule, which is still in
effect in South Africa, prohibits extrinsic evidence in a dispute to
interpret a written agreement between parties to ensure certainty
on the terms and conditions agreed to in writing. In practice, the
parol evidence rule can disadvantage consumers who enter into
standard-form contracts, as they normally are in an inferior
bargaining position and cannot negotiate the individual terms
and conditions of consumer agreements. It is obvious that the
strict enforcement of the parol evidence rule in consumer
agreements could lead to unjust results in consumer disputes.
The provisions of the Consumer Protection Act 68 of 2008 are
discussed to establish the extent of the limitation of the parol
evidence rule therein. Then, the Consumer Rights Act, 2015 in
the United Kingdom is considered to establish the tendency to
limit the application of the rule in foreign consumer legislation,
and to compare that to the position in South Africa. This article
discusses whether the restriction or limitation of the parol
evidence rule in the Consumer Protection Act is efficient in
reaching the aims and objectives of the Act.
Collections
- PER: 2021 Volume 24 [71]
Related items
Showing items related by title, author, creator and subject.
-
Rural consumers' consciousness and use of the Consumer Protection Act in the Valspan community within the Phokwane Municipality
Pretorius, Louise Stephanie (North-West University (South Africa) , Potchefstroom Campus, 2016)The Consumer Protection Act (68 of 2008) (CPA) in South Africa was created with the main purpose of protecting the interests of South African consumers and especially those of the disadvantaged consumers who are often ... -
A framework to measure customers' perceptions on the quality of red meat
Malindi, Happy Edward (North-West University, 2010)This preliminary study investigated the factors which influence consumer choice of beef. A questionnaire and sensory evaluation considered the level of importance which consumers attached to the sensory (intrinsic attributes) ... -
Utilisation of traditional and indigenous foods in the North West Province of South Africa
Matenge, Sarah Tshepho Pona (North-West University, 2011)AIM AND OBJECTIVES The main aim of this thesis was to explore the possibilities of promoting the cultivation, utilisation and consumption of indigenous and traditional plant foods (ITPF) among urban and rural communities ...