Browsing by Author "Mlonzi, Sobantu"

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    Consumer protection in sale of goods law in historical socio-economic context with special reference to Britain and the United States of America
    (University of Dar es Salaam, 1979) Mlonzi, Sobantu
    The purpose of this dissertation is to examine the history of development that has led to the rise of the modern concept of consumer protection in Sale of Goods Law. To understand legal concepts in general, and in Sale of Goods Law in particular, a law mostly concerned with the legal mechanics of distribution, one needs to examine them in the context of the history of society. The history of society centres around production and distribution of things with which to sustain human life and along with this technology and ideas both of which develop on the basis of production and distribution. Thus the aim of the study will be best achieved by examining the concept in the context of production, distribution and ideas of ancient times, early feudal era and the era of the 19th Century competitive capitalism, and finally the modern 20th Century era of monopoly capitalism. The slave era covers ancient Greek and Roman Societies, before the latter fell as a result of both internal class struggles and attacks by the so-called "barbarian" tribes. The Feudal era covers the period of the fall of the Holy Roman Empire to the end of the 16th and 17th centuries. It shall be find that even though in the 16th and 17th centuries, commerce and to some extent manufacture was developed, this happened within the framework of the feudal superstructure. Competitive Capitalism era refers virtually to the whole of 19th century. Monopoly capitalism refers to the period when special consumer jurisprudence began to develop, which we have put at the second half of the 20th century. While recognizing the fact that the difference between public law and private law is merely formal, nonetheless it has been decided to use these terms in the traditional way understood by lawyers. Public law refers to the instruments of state, such as the legislature, which are meant to have a "deterrent" effect, the breach of which brings sanctions of criminal law on the offender. Private law refers to the substantive law that clarifies the legal relations between private individuals; the law that inter alia informs us of civil remedies at the disposal of an injured party. Strictly speaking, sale of goods law, is a law that is concerned with the definition of rights and duties of buyer and seller, arising from the contract of sale. In this dissertation, however, sale of goods law, means any branch of law appertaining to the market and distribution of goods. Thus it shall be found that consumer jurisprudence in the monopoly capital era embraces different branches of the law.