Tag Archives: Consumer Protection Act

Consumer Protection Act: Is the Voetstoots clause still legal?

Common law principle of voetstoots

Under our common law, when a buyer buys goods there is an implied warranty that the seller sells the goods free from any defects. But if the goods are sold voetstoots, it means that the buyer takes delivery of the goods “as is” and without warranty. If goods are sold voetstoots and the buyer later finds out that there is a defect with them, the buyer would have no recourse against the seller.

Q: Can customers return defective goods under the Consumer Protection Act?

I run a small business selling second-hand clothing. I’ve had some customers return clothes to me because of defects such as small stains, missing buttons or zips that stick. They tell me that they’re entitled to return defective goods under the Consumer Protection Act. I run a very small enterprise, and it’s hard on my business to keep on giving refunds like this. Also, when you buy second-hand clothes surely you’d expect that there may be small defects in some of the clothing?