Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart E : Right to fair and responsible marketing39. Agreements with persons lacking legal capacity |
| 1) | An agreement to enter into a transaction, or for the supply of any goods or services, to or at the direction of a consumer— |
| a) | is void if the consumer is subject to an order of a competent court holding that person to be mentally unfit and the supplier knew, or could reasonably have determined, that the consumer was the subject of such an order; or |
| b) | is voidable at the option of the consumer, if— |
| i) | at the time the agreement was made the consumer was an unemancipated minor; |
| ii) | the agreement was made without the consent of an adult responsible for that minor; and |
| iii) | the agreement has not been ratified by either— |
| aa) | an adult responsible for that minor; or |
| bb) | the consumer after being emancipated or becoming an adult. |
| 2) | Subsection (1) does not apply to an agreement if the consumer, or any person acting on behalf of the consumer, directly or indirectly, by act or omission— |
| a) | induced the supplier to believe that the consumer had an unfettered legal capacity to contract; or |
| b) | attempted to obscure or suppress the fact that the consumer did not have an unfettered legal capacity to contract. |
