Abstract
The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.KEYWORDS: Consumer protection; consumer remedies; quiet possession; common law of sale; warranty against eviction
Highlights
The implementation of the Consumer Protection Act 68 of 20081 has great implications for the South African common law of sale
The forms of eviction encountered in South African case law include the instances where the true owner of the merx claims his property from the buyer;15 a third party obtained possession of the merx and the buyer cannot reclaim it due to his defective title;16 and where the holder of a limited real right prevents the buyer from having full use and enjoyment of the merx
Section 20(1)(a) of the Unfair Contract Terms Act 1977 prohibits any exclusion of the implied terms of section 12 of Sales of Goods Act 1979 (SOGA) in a contract for the sale of goods
Summary
The implementation of the Consumer Protection Act 68 of 20081 has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller's common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – the provisions of the Sales of Goods Act of 19792 – is investigated
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