Abstract
This paper examines the suitability of the concurrent operation of the term of ‘free from defects’ and the term of ‘merchantability quality’ as the basic standard terms for the quality of goods respectively in sale of goods contracts and hire-purchase transactions involving consumers in Ghana. The analysis is explored in comparison with the law in England and Wales. The paper argues that the distinct operation of the two different terminologies defining the requirements for the quality of goods respectively in sale of goods contracts and hire-purchase transactions in Ghana has the susceptibility of predisposing consumers to uncertainties regarding which standard term to expect in a transaction. In considering resolving the likely uncertainties of the different terminologies with a uniform standard term similar as pertains under the law in England and Wales, the paper contends that the term to be adopted should be one which is educative and effectively preserves the aspirations of consumers in Ghana. The paper therefore proffered recommendations discerning from the comparative analysis for legislative consideration in Ghana. Keywords: consumer protection, free from defects, merchantable quality, satisfactory quality and comparative law DOI: 10.7176/JLPG/94-19 Publication date: February 29 th 2020
Highlights
The Sale of Goods Act 1962 Act 137 and the Hire-purchase Decree 1974 NRCD 292 respectively regulates contractual relationships involving the sale of goods and hirepurchase transactions in Ghana
Necessary to ascertain whether the requirement for sellers to supply goods which are free from defects presently under the Sale of Goods Act 1962 in Ghana is not capable of affording consumers with the required protection if extended to cover hire-purchase transactions
In the light of this, this paper clearly postulated that the interest of consumers would be better served with Ghana adopting a uniform standard term for the quality of goods, applicable to both sale of goods and hire-purchase contracts
Summary
The Sale of Goods Act 1962 Act 137 ( referred to as SGA) and the Hire-purchase Decree 1974 NRCD 292 ( referred to as HPA) respectively regulates contractual relationships involving the sale of goods and hirepurchase transactions in Ghana. Whilst the statutes use of different standard terms for the quality requirements of goods may not pose serious problems to commercial buyers and to lawyers, this may present daunting challenges to the average consumer in identifying the applicable term in every given transaction. The paper will especially endeavour to ascertain the standard term for the quality of goods that will likely be suitable in better responding to the course of consumers in both sale of goods and hire-purchase transactions in Ghana. In the light of this, the analysis will set the stage by commencing with highlights of the philosophical groundings that underscored a more consumer tailored regime generally for the protection of consumers This would be follow-up with the main analysis of the standard term(s) for the quality requirements of goods under the law in Ghana. The identified concerns of the prevailing standard requirements for the quality of goods in Ghana will be explored through the lens of the law in England and Wales whilst taking into account the domestic circumstances in Ghana. Set out below is the rationale for a more consumer-focused standard term for the quality of goods in Ghana
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