Abstract

Certain terms implied under the Sale of Goods Acts 1893 and 1979 replicated by the United Kingdom Consumer Rights Act 2015 foster consumer rights. The paper explores the extent to which the Nigeria Sale of Goods Act 1893 and UK Sale of Goods Act 1979 are fit to address the implied terms for digital content. Since the term “goods” does not cover digital content, buyers of digital content are not protected by the implied terms contained in the Sale of Goods Acts. This paper comparatively considers consumer protection regimes in the United Kingdom and Nigeria in relation to implied terms in supply of goods, services and digital content under the new Consumer Rights Act 2015 and Federal Competition and Consumer Protection Act 2019 respectively. The paper finds that consumers of goods, services and digital content are much more protected under the implied terms of the Consumer Rights Act. Whilst the improvement in the Federal Competition and Consumer Protection Act in enlisting consumer rights is commendable, a major deficit is exclusion of digital content implied terms. It is recommended that the Federal Competition and Consumer Protection Act should be amended to reflect and accommodate the provisions on implied terms relating to digital content. Keywords: Implied Terms, Consumer Rights, Digital Content, United Kingdom, Nigeria DOI: 10.7176/JMCR/83-01 Publication date: December 31 st 2021

Highlights

  • The pace of technology and the growth in the retail industry, as well as the diversity and complexity of the products and services available to consumers has begun to outstrip the ability of the preexisting law to deal with it in Nigeria

  • This paper examines the changes the CRA has brought to implied terms to supply of digital content and to goods and services

  • It is an example of a legal regime embodying the kind of modern technological and economic thinking, directly tackling the broader issue of digital products

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Summary

Introduction

The pace of technology and the growth in the retail industry, as well as the diversity and complexity of the products and services available to consumers ( online) has begun to outstrip the ability of the preexisting law to deal with it in Nigeria. The consumer will only be entitled to a price reduction where repeat performance is impossible or the consumer has required repeat performance but the trader has failed to do it within a reasonable time and without significant inconvenience to the consumer. (c) Sale of digital content The Act makes applicable to digital content, certain implied terms that normally accrue to tangible products or goods under the sale of goods law. The consumer's right to return unsafe or defective goods under any law or enactment is not prejudiced. (b) Implied Terms for Goods and services Section 142 (l) of the FCCPA states that a contract is a contract for the supply of a service for the purposes of this Act whether or not goods are transferred or to be transferred, or bailed or to be bailed by way of hire, under the contract and whatever is the nature of the consideration for which the service is to be carried out. The FCCPA states that where there is failure to perform a service to the standards contemplated, the consumer may either “request for remedy” of any defect in the quality of the services performed or goods supplied; or refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure. What the term “request for remedy” includes is not stated

Conclusion and Recommendations The
Findings
Hunting and harvesting in a Digital
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