THE APPRAISAL OF THE ‘MARKET OVERT’ PRINCIPLE VIS-À-VIS SALE OF GOODS IN ZAMBIA: A COMPARATIVE STUDY OF NIGERIAN AND SOUTH AFRICAN COMMERCIAL LAW

Abstract

This article is inspired by a need to clarify and appraise the law relatingto the sale of goods with particular attention to the market overtprinciple in Zambia. This will be done by conducting a comparativestudy between Zambia, South Africa, and Nigeria. The articleinvestigates methods for constructing a preferable legal regime forindividuals and businesses, particularly economic transactions. Itfurther assesses the Zambian Sale of Goods Act of 1893 (56 & 57 Vict.c.71) as it relates to the market overt principle. I also highlightweaknesses in the current law requiring remedial action.