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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part E : Right to fair and responsible marketing

39. 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.