VOETSTOOTS AND THE CONSUMER PROTECTION ACT

INTRODUCTIONSince the promulgation of the Consumer Protection Act on 1 April 2011 (CPA) there has been debate as to whether the voetstoots clause is permitted by the CPA. This article serves as an argument in the first instance that the CPA does not apply to the vast majority of residential immovable property sales and in
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Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12. (23 January 2019)

BACKGROUND AND SUMMARY Mr Doyle (the “Appellant”) had a credit card issued to him by MBNA Europe Bank Limited (“MBNA”) in 1997 under a running credit card agreement (the “Agreement”). In terms of clause 8f of the Agreement, MBNA were entitled to demand the full outstanding balance of the facility in certain circumstances, subject to
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Do month to month leases constitute fixed term leases? A brief look at the differences between the two and the law that applies to it.

Introduction This article looks at the differences between month to month leases and fixed term leases and the cancellation period required to cancel the agreements. We will explore the provisions of the Rental Housing Act 50 of 1999 (hereafter “RHA”) , the Consumer Protection Act 86 of 2008 (hereafter “CPA”), Common Law and the High
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