Tag: Consumer Protection Act (CPA)

Often ‘gross negligence’ is used as a carve-out from a no-liability clause. The Consumer Protection Act expressly provides that a supplier cannot exclude liability for gross negligence.

The issue of digital disruption is currently at the forefront of business discussions across all industries, but is currently arguably most acutely being felt, and feared, in the Contact Centre industry. With Contact Centres at the forefront of both the interface between customers and the organisation and the cutting edge of new technology deployment, the imperative for Contact Centres to adapt to changing customer communication preferences is paramount.

Although the benefits derived from a sharing economy are substantial, there are some clear legal challenges which might warrant the imposition of restrictions on how these platforms are allowed to operate.

The liability risks that South African businesses face as a result of possible product defects, are increasing by orders of magnitude with each passing year, and our Specialist Risk Review has revealed that as many as 21% of businesses have been faced with a product liability claim in the past five years.

Franchising worldwide continues having a 90% success rate as opposed to 10% for those starting a business on their own and whilst the sector in South Africa contributes around R721 billion to the country’s GDP. Yet there are still many businesses masquerading as franchises when in fact their business models are far from that of a franchise. 

The deadline for accountable institutions to meet the amendments of the Financial Intelligence Centre Act, No. 38 of 2001, as amended by the Financial Intelligence Centre Amendment Act, Act 1 of 2017 (FICA) legislation, which was introduced to counteract money laundering and the financing of terrorism, is fast approaching on April 2, 2019.

"Poor legal writing might result in an injus­tice for a client: a judge might misunder­stand what a lawyer is seeking; an adversary might seize on an ambiguity. To avoid these problems, strive for perfection." Judge Dhaya Pillay opened her judgement with this quote when handing down judgement in a case which dealt with factors beyond the consumer’s control, which had caused non-compliance.

When you sign up for the Uber app you get the right to use Uber’s mobile application or website to arrange and schedule transportation or delivery services. Uber does not provide transportation nor logistical services as a carrier of people or goods. That relationship is between you and the Uber driver or owner.