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Liability in terms of the CPA for goods supplied after 24 April 2010
On 24 April 2010 some sections of the Consumer Protection Act (“the CPA”) came into force. In terms of these sections, the National Consumer Protection Institutions is to be established and the Minister is required to commence with the publication of regulations in terms of the CPA.
The balance of the provisions of the CPA will come into force on 24 October 2010. Included herein are much talked about provisions which provides for a form of strict liability on the producer or importer, distributor or retailer of any goods, who will be liable for any harm as a result of the supply of unsafe goods, product failure, defect or hazard in any goods, or, inadequate instructions or warnings provided to the consumer in respect of any hazard associated with the use of goods. The liability will arise irrespective of whether the harm resulted from any negligence on the part of the producer, imported, distributor or retailer.
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