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dc.contributor.advisorWoker, Tanya Ann.
dc.creatorShange, Khethiwe Precious.
dc.date.accessioned2020-04-06T20:14:58Z
dc.date.available2020-04-06T20:14:58Z
dc.date.created2017
dc.date.issued2017
dc.identifier.urihttps://researchspace.ukzn.ac.za/handle/10413/17666
dc.descriptionMasters Degrees (Business Law). University of KwaZulu-Natal, Durban.en_US
dc.description.abstractExemption clauses are regarded as part and parcel of most contracts, and are used by suppliers to ensure the efficient running of their business. It is common for suppliers of risky activities to include exemption clauses in their contracts. Therefore, it is submitted that if suppliers of risky activities are not allowed to use exemption clauses, many businesses will close down because they will not be able to afford insurance, and those that do decide to carry on will pass the cost of doing business on to consumers. In determining the enforceability and effectiveness of exemption clauses relating to risky activities, this dissertation will examine the common law position in relation to the treatment of exemption clauses. In terms of the common law of contract, the court will most likely uphold an exemption clause in favour of the principles of freedom of contract and pacta sunt servanda. This is to ensure commercial and legal certainty in contracts entered into between two parties. However, since the introduction of the Constitution of the Republic of South Africa, 1996, the courts will have regard to whether the term or contract is contrary to public policy and the values that underlie our constitutional democracy. This dissertation will further discuss the rights of consumers and the duties of suppliers in terms of the Consumer Protection Act 68 of 2008 (CPA). The CPA has brought about greater regulation of unfair contract terms. It not only prohibits the use of unfair, unreasonable and unjust terms, but also requires a supplier of a risky facility to draw the consumer‟s attention to a term that seeks to limit the supplier‟s liability. Furthermore, the CPA provides for greater protection of consumer rights, and among other things, the CPA aims to ensure fairness in contracts concluded between supplier and consumer.en_US
dc.language.isoenen_US
dc.subject.otherExemption clauses.en_US
dc.subject.otherRisky activities.en_US
dc.subject.otherCommon law.en_US
dc.subject.otherRights of consumers.en_US
dc.subject.otherDuties of supplier.en_US
dc.titleA critical analysis of the use of exemption clauses with particular reference to risky activities.en_US
dc.typeThesisen_US


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