ASSESSING THE EFFICACY OF SALE OF GOODS LAW AS A TOOL FOR GUARANTEEING THE RIGHTS OF TRADERS AND PURCHASERS

Abstract

This study adopts a doctrinal legal research methodology to critically examine the efficacy of the Sale of Goods Law (SGL) in protecting the rights of traders and purchasers. Through a detailed analysis of legal principles, statutes, case law, and international conventions, the study evaluates the legislative innovations introduced by the SGL. It identifies Section 44 of the Bayelsa State SGL as a pivotal provision that strengthens consumer protection by mandating the right to examine goods before acceptance. The study also highlights the incorporation of the principle of utmost
good faith as defined in Article 68, recommending its application as a mandatory condition in the execution of sales contracts. Furthermore, it calls for the removal of the negligence exception within
the legal interpretation of utmost good faith to discourage careless conduct by contracting parties.
The study concludes that the SGL, as currently enacted, plays a foundational role in promoting fairness, accountability, and economic justice in commercial transactions.