Description
ABSTRACT
Book Review – Commercial Law in Nigeria: Sale of Goods
Dr Ndubuisi Augustine Nwafor*
AUTHOR: FELICIA MONYE
PUBLISHER: PRINCETON & ASSOCIATE PUBLISHING CO. LTD
YEAR OF PUBLICATION: 2023
INTRODUCTION
Commercial Law in Nigeria: Sale of Goods offers a comprehensive exploration of the intricate landscape of the sale of goods under commercial law within the Nigerian context. This work will interest academics, students, researchers, and practitioners.
The book’s structure is thoughtfully organized into eleven self-contained chapters, each delving into a distinct subject of the sale of goods under commercial law in Nigeria. Chapter 1 provides a foundational understanding of the laws governing the sale of goods in Nigeria and underscores the pressing need for a unified or single sale of goods law to align with the evolving dynamics of commerce. This introductory chapter sets the stage by introducing fundamental principles that underpin sale of goods transactions, such as those contained in section 60 of the Sale of Goods Law of Lagos State, as well as providing a background on the essence of a contract of sale with its various features from transfer agreement, money consideration, property and agreement to sell. The author highlights the absence of a law on e-commerce and sheds further light on the nuances of local purchases and other essential elements within the context of Nigerian commercial law, arguing that a local purchase order issued by a buyer should constitute an offer, or else the seller suffers commercial injustice.
Chapter 2 explores the distinguishing features of contracts for the sale of goods from other contracts. It begins by exploring the fundamental concept of sale and exchange, shedding light on consideration as an essential attribute of a transaction qualifying as a sale of goods. The chapter then dissects the relationships between sale and skill and labour, sale and bailment, and sale and hire purchase, offering a comprehensive understanding of these vital contractual arrangements. It further navigates the complexities of sale and loan on security of goods, sale and equipment leasing, and sale and bill of sale, elucidating the unique legal frameworks governing each from Case law, the Equipment Leasing Act 2015, Sale of Goods Act 1893 (UK) and Sale of Goods Law Lagos State. An emphasis on the importance of distinguishing between these contracts for clarity and compliance underscores the practical significance of these distinctions. Also, the chapter delves into selected payment systems, specifically focusing on the crucial role of cheques.
* Ph.D (Stirling, UK) LLM (Glasgow Caledonian, UK) LLB (Uyo) BL Former Associate Dean, Faculty of Law University of Nigeria Enugu Campus. Former Head of Department of Jurisprudence & Legal Theory, Faculty of Law University of Nigeria Enugu Campus. Reader-in-Law.
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