Chapter 6 - Commercial Law

Abstract

Several countries in sub-Saharan African (SSA) countries implemented structural adjustment programs (SAPs) in the mid-1980s in support of their market-led development policies. Countries found that a hostile business environment, especially poor contract dispute resolution process could stifle the flow of foreign direct investments (FDI). In response several countries established Commercial Courts to facilitate the resolution of contract disputes. Courts have relied on Sale of Goods Acts that contain the general rules for resolving business commercial disputes. International conventions such as the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) have also been applied in commercial dispute resolution. The Sale of Goods Act is applicable to merchants but to date there is no case law that considers farmers as merchants so there remains the question of the extent of applicability of the commercial rules to farmers in SSA countries.