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CPA unit 6 to 8
- Course
- VBB 220
- Institution
- University Of Pretoria (UP)
VBB notes
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Gauke Buyl [DO NOT DISTRIBUTE]CPA UNIT 6 – DISCLOSURE OF INFORMATION
Study material:
- Nagel et al (2019) paras 41.59 – 41.70
- CPA 68/1008 Section Delineation 22-28
Explain the requirements in terms of section 22 (1) of the CPA in relation to
any notice, document or visual representation displayed or provided by
supplier
Section 22 – right to info in Plain and Understandable language applies to:
1. Any notice document , visual representation
2. Produced , displayed / supplied = by a supplier
MUST COMPLY WITH SECTION 22 (1):
1. Must be in prescribed form (CPA / other legislation) OR
2. Must be in plain language 9if no prescribed form for the document)
When a notice, document or visual representation will be regarded as in plain
language in terms of section 22 (2) of the CPA (The plain language Test)
1. Will be in plain language if: Test → it is Reasonable to conclude:
• Any ordinary consumer of that class of persons
• For whom notice/ doc/ visual rep was intended
• With average literacy skills & minimal experience
• Could be expected to understand the content & significance
• Without undue effort
• Considerations: s22(a) –(d)
, Gauke Buyl [DO NOT DISTRIBUTE]
List the factors that will be taken into account in terms of section 22 (2) (a) - (b)
to determine whether a notice, document / visual representation has complied
with the plain language test
Considerations:
• Context, comprehensiveness & consistency
• Organization, form & style
• Vocabulary, usage & sentence structure
• Use of any illustrations, examples, headings/ other aids → reading &
understanding
NCC: may publish guidelines for methods of assessing whether satisfies s22
[Section 22(3)]
Disclosure of reconditioned or grey market goods: section 25
- Applies to any goods that have been reconditioned, rebuilt, or remade AND
still bear the trademark of the original producer or supplier.
- Supplier who offers or agrees to supply reconditioned, rebuilt or remade
goods must: Apply a conspicuous notice stating above clearly.
- Such a conspicuous notice must comply with section 22 AND be applied
where the consumer is likely to see it AND be in an easily legible size and
manner.
- When the supplier supplies such goods to the consumer, he is obliged to
expressly draw the consumer’s attention to such a notice AND to explain the
meaning of it to the consumer in plain language.
- Above also applies to goods that were imported without approval or license.
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