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AI summary
The Supreme Court of Appeal considered whether a lease of immovable property concluded with a juristic person was void under provisions of the Consumer Protection Act, or contrary to public policy. It held that section 51 did not apply to extra contractual requirements and that the lease with the incorporated entity was valid. The appeal was dismissed with costs.
This appears to concern commercial leasing arrangements and the use of incorporated entities where the CPA is said not to apply.
Evidence from source
The appeal is dismissed with costs, including those of two counsel.
Supports: Outcome of the appeal.
Section 51(1) clearly does not apply to non-contractual or extra-contractual terms or conditions as Dr Levin and DDL would have it.
Supports: Holding on section 51 and extra contractual requirements.
merely contracting with a juristic person, and thereby avoiding the application of the CPA, cannot, without more, cause the consumer agreement to be void.
Supports: Holding on validity of the lease with a juristic person.