Exemption Clauses in Contracts – Fine Print Can Void Them

Exemption Clauses in Contracts – Fine Print Can Void Them

Exemption Clauses in Contracts – Fine Print Can Void ThemKVV Inc Attorneys
Published on: 04/03/2025

A shipping company's liability exemption clause was deemed unenforceable because it was in fine print and not conspicuously legible, appearing on later pages of a credit application the customer considered a mere formality. The court emphasized the customer's testimony that he didn't believe he was agreeing to unreadable terms. This case highlights the importance of clearly and conspicuously presenting exemption clauses to customers, especially in plain language, to ensure they form part of the contract. Suppliers should be mindful of consumer protection laws and the principle of "caveat subscriptor" (let the signer beware), which underscores the need for consumers to read all contract terms before signing.

Contract
Brand-New Car Giving You Nightmares? CPA to the Rescue

Brand-New Car Giving You Nightmares? CPA to the Rescue

Brand-New Car Giving You Nightmares? CPA to the RescueKVV Inc Attorneys
Published on: 04/03/2025

he Consumer Protection Act (CPA) safeguards consumer rights, ensuring fairness and quality. If your new car has defects, the CPA provides recourse. First, exhaust all dispute resolution options within the CPA, including complaints to the National Consumer Commission and Consumer Courts, before approaching a traditional court. If those fail, you can take your case to court. Remember, new goods should be defect-free. If a defect existed at the time of purchase, even if hidden, the seller is generally obligated to rectify it.

Consumer Law

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships, Driving Results.

© KVV Inc. Attorneys 2025. All Rights Reserved. Privacy Policy | POPIA

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships,

Driving Results.

© KVV Inc. Attorneys 2025.

All Rights Reserved. Privacy Policy | POPIA