The consumer in the midst of two distinct terms for the quality of goods in Ghana: Can the law be simplified?

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 29th 202

Regulatory Remedies in the Enforcement of Product Quality and Safety Standards in Ghana: A Case for Reform from a Comparative Analysis

This article examines the regulatory remedies in the enforcement of consumer law regarding the quality and safety standards of goods in Ghana. The article argues that the remedies which the regulatory institutions administer in their enforcement of consumer law in Ghana are focused mainly on punishing the manufacturer or seller of the goods. The article further contends that there are presently no provisions in the regulatory remedies for the manufacturer or seller who breached the established quality and safety standards of goods to compensate affected consumers on account of the breach. As a result, consumers only have access to common law remedies in tort for the manufacturer’s or seller’s negligence. However, this reprieve is illusory for many Ghanaian consumers as litigation is expensive and in most cases, beyond the reach of the average consumer in Ghana. Consequently, this article advocates for the adoption of the redress category of the enhanced consumer measures (ECMs) similarly introduced by the UK Consumer Rights Act 2015 (CRA 2015) to secure administrative remedies for consumers as part of the regulatory remedies in the enforcement of consumer law regarding the quality and safety standards of goods in Ghana

Enacting a Consumer Protection Law in Ghana: Possible lessons from the UK Consumer Rights Act 2015

For many years, the trend of legislation has been piecemeal with a fusion of the rules of laws for the protection of consumer and non-consumer buyers. However, the complexity of accessing the fragmented laws and their unsuitability in dealing with contemporary consumers issues have led to the adoption of a Consumer Protection Policy 2014 with the primary object of providing a consumer tailored regime for the protection of consumers in Ghana. While the adopted 2014 Policy document is currently before the Attorney General Department to be drafted into a Bill for Parliament consideration, the present article appraises the comprehensiveness of the existing law and the adopted Consumer Protection Policy 2014 in effectively responding to the problems of consumers in Ghana. This is explored in comparison with the approach of the UK Consumer Rights Act 2015 while bearing in mind the peculiar circumstances in Ghana. This article argues that whereas the effort of the government is so far commendable, there are noticeable unresolved consumer concerns. Of particular concern is consolidating the laws on consumer contracts and coverage of the law on the supply of services to consumers. This paper, therefore, submits that addressing these concerns is vital to ensuring that consumers are provided with a comprehensive and effective regime in Ghana

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

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