by Wessels + Van Zyl Inc | Apr 28, 2026 | Consumer Law, CPA / Contract
Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.
These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.
by Wessels + Van Zyl Inc | Mar 2, 2026 | Consumer Law, Delict and Civil Claims
You buy a second-hand vehicle and finance it through a bank. When you realise the vehicle is a complete lemon, you cancel the sale and return the vehicle. But the bank still wants its monthly instalments.
We have good news for you. The Supreme Court of Appeal has just held that a bank in that situation was, per the terms of its own agreement, the “supplier” of the vehicle and must refund to the buyer both the deposit and the monthly instalments she had paid it. How did that come about, and what must you prove to win your case?
by Wessels + Van Zyl Inc | Jan 28, 2025 | Constitutional Law, Consumer Law, Uncategorized
“The secret of life is honesty and fair dealing… If you can fake that, you’ve got it made.” (Groucho Marx) We’ve all had this experience – meal over, relaxed and happy, you call for the bill and decide to reward your friendly and helpful waitron with a good tip. Only...
by Wessels + Van Zyl Inc | Jun 25, 2024 | Consumer Law
“The Consumer Protection Act 68 of 2008 (CPA) establishes a broad and comprehensive scope for consumer protection. Its purview includes developing and maintaining a consumer market in such a way as to ensure fairness, accessibility, effectiveness, sustainability and...
by Wessels + Van Zyl Inc | Oct 26, 2023 | Consumer Law
“The buyer needs a hundred eyes, the seller but one” (Old proverb) You buy a “pre-loved” vehicle which turns out to be a complete dud. You go back to the dealership which says “sorry, you bought it as is, not our problem”. What are your rights? Buying from a private...
