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South Africa Case Law

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Commercial And Corporate [2022] ZAGPJHC 206

Adlam v Fabri South Africa (Pty) Ltd (A5009/2021;42702/2019)

Adlam v Fabri South Africa (Pty) Ltd (A5009/2021;42702/2019) [2022] ZAGPJHC 206; [2022] HIPR 189 (GJ) (8 April 2022)

The High Court held that custom-designed kitchen and furniture goods were special-order goods, so the CPA cancellation right did not apply. The appeal was dismissed.

  • Consumer Protection Act
  • Special Order Goods
  • Contractual Cancellation
  • Repudiation
  • Refunds
  • Cancellation Charges
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Commercial And Corporate [2017] ZANCT 1

Mmebe v Nashakele Specialist Imports (Pty) Ltd (34961/2015/75(1)(b))

Mmebe v Nashakele Specialist Imports (Pty) Ltd (34961/2015/75(1)(b)) [2017] ZANCT 1 (13 February 2017)

The National Consumer Tribunal dismissed an application for direct referral, finding the dispute concerned special-order goods and no cancellation right applied.

  • Consumer Protection Act
  • Special Order Goods
  • Contract Cancellation
  • Direct Referral
  • Balance Of Probabilities
  • Consumer-protection-act
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Commercial And Corporate [2014] ZACGSO 2

Cancellation of order for special order plastic bags: res judicata (20144251007)

Cancellation of order for special order plastic bags: res judicata (20144251007) [2014] ZACGSO 2 (21 May 2014)

The Ombud declined to consider a complaint over special-order plastic bags because the supplier had already obtained an unopposed court judgment, making the matter res judicata.

  • Res Judicata
  • Special Order Goods
  • Consumer Protection Act
  • Contractual Breach
  • Res-judicata
  • Special-order-goods
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Commercial And Corporate [2014] ZACGSO 3

Cancellation of order for special order tools - financial difficulties: Supplier not obliged to accept cancellation (2013114179)

Cancellation of order for special order tools - financial difficulties: Supplier not obliged to accept cancellation (2013114179) [2014] ZACGSO 3 (4 February 2014)

The Ombud held that special-order tools could not be cancelled under section 17 of the Consumer Protection Act, so the supplier need not refund the deposit.

  • Consumer Protection Act
  • Special Order Goods
  • Contract Cancellation
  • Refund Policy
  • Consumer-protection-act
  • Special-order-goods
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.