Research Articles (Private Law)

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Browsing Research Articles (Private Law) by Author "Loubser, Max"

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    Liability for products in the Consumer Protection Bill 2006: a comparative critique
    (Juta Law Publishing, 2006-03) Loubser, Max; Reid, Elspeth
    INTRODUCTION: The Draft Consumer Protection Bill, recently published by the Department of Trade and Industry, encapsulates a vision for a ‘‘new consumer law’’, which has as its objective the establishment of ‘‘a fair, accessible and sustainable marketplace for consumer products and services’’. The cultural change necessary to address South Africa’s lack of ‘‘a vibrant and strong consumer movement’’ requires to be underpinned by legal certainty and accessibility. This is particularly important in areas of liability ‘‘characterised by imbalances in information and bargaining power between businesses and consumers’’. An important dimension to the proposed reform is therefore the creation of a strict liability framework to provide redress for consumers who have suffered harm due to defects in products.
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    The prescription period applicable to a debt secured by notarial bond
    (Juta Law, 2016-08) Loubser, Max
    There are conflicting judgments on the question whether the 30-year prescription period provided for in section 11(a)(i) of the Prescription Act 68 of 1969 (“Prescription Act”) for “any debt secured by mortgage bond” also applies to debts secured by a notarial bond. The matter turns on whether the words “mortgage bond” as used in section 11(a)(i) should be interpreted to include a “notarial bond” and concerns various rules of interpretation and important policy considerations. This article contains an analysis of the recent cases with reference to the relevant rules of interpretation and policy considerations. The following sub-sections deal with the relevant policy considerations; the rules or canons of interpretation to determine the meaning of “any debt secured by mortgage bond”, specifically grammatical or literal interpretation, context, purpose and policy of differential prescription periods, and different language texts of a statute as an aid to interpretation . The judgments are then considered critically, followed by conclusions .