In theory it looks simple, however, in actual practice there are many challenges that we encounter in enforcing this provision.
The challenges are as follows:
- Practical application of the theory (law) to the facts;
- The surrounding circumstances has to be taken into consideration;
- The fact that merits of cases differ;
- Even though we have a right to safe quality goods, we have to have regard to the use to which they would normally be put and to all the surrounding circumstances of their supply
- Section 55(6) of the CPA further provides that:
a) the warranty does not apply if the consumer- has been expressly informed that particular goods were offered in a specific condition; and
b) has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.
It is essential for consumers to know their rights with regards to Section 56 and how it applied in really life situations. The OCP therefore encourage consumers to do their research before buying expensive product such as cars. If need be consumers should be prepared to spend more money by taking the car for a thorough point to point checks by reputable vehicle testing stations before making a final offer to buy the vehicle. This will undoubtedly enable consumers to make informed decision.
The other consumer rights that consumers have are as follows:
- Right to equality in the consumer market
- Right to privacy
- Right to choose
- Right to disclosure of information
- Right to fair and responsible marketing
- Right to fair and honest dealing
- Right to fair, just and reasonable terms and conditions
- Right to fair value, good quality and safety
- Right to accountability from suppliers.