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

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