Consumer’s reliance on warranties: A comparative study of the United States of America & South Africa

Abstract

This article investigates the concept of a warranty and the legal implications thereof in the United States of America and South Africa. In the USA, the introduction of the Uniform Commercial Code has helped to promote and protect consumer interests. However, in South Africa, no such machinery exists. The author has conducted empirical research involving manufacturers, sellers, consumers and legal experts. By virtue thereof it was concluded that where a seller does not profess to have skill and expert knowledge in respect of goods sold by him/her, he/she cannot be held responsible for implied warranties relating to these goods, especially regarding latent defects. Various solutions to the problems encountered by individuals, relating to the process of trade and the provision of services, are suggested.