The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor-Reference-Cited by-同舟云学术

The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor

Published:2022-05 Issue:2 Volume:30 Page:197-210
ISSN:0954-8890
Container-title:African Journal of International and Comparative Law
language:en
Short-container-title:African J Intl & Comparative Law

Author:

Newman Ohenewaa Boateng¹,Banson Bobby²

Affiliation:

1. Doctoral Candidate (Kwame Nkrumah University of Science and Technology), LLM Oil and Gas Law (Robert Gordon University – UK), Postgraduate Diploma in Teaching and Learning in Higher Education (University of Education, Winneba), QCL (Ghana School of Law), LLB (KNUST), Member of International Association for Community Development, Law Lecturer (Akenten Appiah-Menka University of Skills Training and Entrepreneurial Development)

2. Founding Partner of Robert Smith Law Group, LLM International Business Law (University of Brussels),Certificate in Oil and Gas Contracting, Diploma in Financial Management, LLB (Kwame Nkrumah University of Science and Technology, QCL (Ghana School of Law), Fellow of the Chartered Institute of Arbitrators (FCIARB), Law Lecturer (Ghana School of Law)

Abstract

Transfer of title remains the fulcrum of sale transactions without which there are legal ramifications for both the seller and buyer. The Sale of Goods Act of 1962, Act 137, and the principles of common law and equity lay down the fundamental principles underlying a sale transaction in Ghana. Application of the principles of caveat emptor and protection of the buyer in good faith has brought to the fore, the complexities in balancing these competing interests. This article analyses Act 137 in conjunction with other legislation in selected jurisdictions and case law in respect of this conundrum.

Publisher

Edinburgh University Press

Subject

Law