The Caveat Subscriptor is a common law principle that binds parties to an agreement reduced to writing and signed by the parties, irrespective of their true intentions, understanding or interpretation of the written agreement.
In the case of George v Fairmead (Pty) Ltd, the court stated that when a man is asked to put his signature to a document he cannot fail to realise that he is called upon to signify, by doing so, his assent to whatever words appear above his signature. However, in the event of the Consumer Protection Act (“CPA”) finding application to the written agreement, the burden to ensure that the consumer understand the content of the agreement, is placed on the supplier.
The CPA requires an agreement to be in plain and understandable language; and the consumer’s attention must be drawn to his obligations, liabilities, duties and specifically financial obligations. Notwithstanding the abovementioned, the Caveat Subscriptor principle remains enforceable to the extent that the CPA has been complied with. The CPA only shifted the burden in respect of understanding from consumer to supplier.