Sale in the Ordinary Course of Business Under Ghana Law: Recent Developments and Lessons from the UK

Main author: Yidana, Nuhu
Format: Journal Article           
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id eprints-36507
recordtype eprints
institution SOAS, University of London
collection SOAS Research Online
language English
language_search English
description The Sale of Goods Act 1962 (Act 137) put a statutory footing on implied conditions for the quality and fitness of goods in every contract involving the sale of goods in Ghana. The functionality of the implied conditions of quality and fitness of goods hinges on the sale of goods taking place in the ordinary course of the seller’s business. This article evaluates the concept of the sale in the ordinary course of business under which the implied conditions of quality and fitness of goods apply in Ghana. The paper argues that the current definition of sale in the ordinary course of business under the law in Ghana, is narrow to the disadvantage of buyers of goods. Consequently, this article advocates that the definition of the sale in the ordinary course of business needs to be broadened along the lines of the English law to help enhance the degree of protection of buyers of goods in Ghana. The paper further submits that the courts should consider distinguishing consumer matters in widening the scope as the current definition is mainly the product of non-consumer case law.
format Journal Article
author Yidana, Nuhu
author_facet Yidana, Nuhu
authorStr Yidana, Nuhu
author_letter Yidana, Nuhu
title Sale in the Ordinary Course of Business Under Ghana Law: Recent Developments and Lessons from the UK
publisher Kluwer
publishDate 2021
url https://eprints.soas.ac.uk/36507/