CPA Flashcards
Which section of the CPA defines a transaction?
Section 1.
What does section 1 of the CPA hold?
Dealings between the consumer and the supplier regarding the supply or the potential supply of goods/services in exchange for consideration.
What is a supplier in terms of section 1 CPA?
A person who sells, leases, exchanges or provides a service in the ordinary course of business.
What are the additional jurisdictional qualifiers regarding ‘consumer’ in relation to private transactions ito section 5 or 6?
The CPA applies to a:
1. Natural person
2. Juristic person with an annual turnover or asset value of less than R2 mil
What is a juristic person?
A non-human legal entity recognised by the law and entitled to rights and duties in the same way as a human being.
What is section 44 of the CPA?
Consumer’s right to assume supplier is entitled to sell goods (defence)
What is section 23 of the CPA?
Duty to disclose the price.
What is section 23(3) and (5)?
Display duties?
What is section 23(6)?
Manages situations where display price and charged price are different or there are different prices advertised.
What is section 23(8)?
Obscured prices.
What is section 23(9)?
Obvious errors.
What is section 23(10)?
Prices defaced/obscured by 3rd parties.
What is section 48(1)(a)(i)?
A supplier must not offer to supply or supply any goods at a price that is unfair, unreasonable or unjust.
What is section 48(2)?
Must be excessively one-sided or so adverse as to be strikingly inequitable.