Pretoria

         Staffordshire Bull Terrier Club

            passionate about stafford's

CONSUMER PROTECTION ACT 

Following on the decision after our discussion at the recent Fedco meeting in December 2010, we have

 now been back to the lawyers and quote hereunder their relative reply: 

1.     Comments to us on 3^rd December 2010:

“In our view, in order to be included within the ambit of the CPA, the sale of puppies should be

capable of being classified as a "transaction" and puppies should be capable of being classified

 as "goods". 

The term "Goods" refers, inter alia, to "any tangible object". A puppy is an "object" in that it is

 capable of being purchased and owned by a person. This is a basic principle of the law of things.

 Puppies are therefore "goods". 

A "transaction" refers to –  

"(a) in respect of a person acting in the ordinary course of business -      

      (i) an agreement between or among that person and one or more other persons for the

 supply or potential supply of any goods or services in exchange for consideration; or 

      (ii) the supply by that person of any goods to or at the direction of a consumer for

consideration; or 

In our view, if puppies are sold within the "ordinary course" of a breeder's business, it would

constitute a "transaction". In other words, if a breeder sells puppies routinely as part of its

operations, it would constitute a "transaction". This is the one end of the spectrum.” 

However, on the other end of the spectrum, should puppies be sold once only or on an ad hoc

 basis, there is a strong argument that such sales would not constitute "transaction[s]" under the

 CPA.  

Should puppies be sold on any other basis (e.g. as part of a side business), the application of

 the CPA is unclear. 

In the case of uncertainty, the provisions of the CPA should be interpreted purposively. The

 purpose of the CPA is to protect the rights and interests of consumers. Therefore, in order to

 protect the rights and interests of as many consumers as possible, it is arguable that the CPA

 should be interpreted to include the sale of puppies in other instances. However, it is not

 certain how a court would view those grey transactions to the centre of the spectrum.” 

2.       Previously when we asked about this Act, they stated the following:

“Breeders will indeed be subject to this Act as they will be trading in “goods and services” for

 purposes of the Act.  Consumers (dog purchasers) would therefore have all the rights to

consumer protection set out in the Act (fair and honest dealing, reasonable terms and conditions,

 etc) and there will be a corresponding duty on breeders to draft clear agreements of sale in plain

 language.”

I therefore suggest that you advise everyone concerned in your area, and we will be putting it on the

 website as well, that great care should continue to be taken when selling puppies.