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PROJECT TOPIC: RELEVANCE OF SALE OF GOODS ACT TO E-COMMERCE IN NIGERIA

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CHAPTER ONE

INTRODUCTION

1.1   Background of the Study

        In the last couple of decades, the Sale of Goods Act has increasingly proven problematic in application and has generated enormous confusion and controversies resulting in discordant court decisions. This is principally owing to the nature of the law that has been in operation for over a hundred years, notwithstanding contrasting socio-economic transformations that have taken place in the last century. The law of sale of goods in Nigeria is principally governed by the Sale of Goods Act, 1893, an English Law adopted in Nigeria long before political independence as one of the statutes of general application in the country[1]. As is with a number of other statutes of general application, this statute has become outdated and out of tune with current realities of business and contractual transactions involving both movable and immovable properties.

[1] Statutes of General Application are laws applicable in England as at 1st January 1900 which were absorbed into the Nigerian legal system, being a former British Colony, by virtue of the Colonial Ordinance No. 3 of 1863. Current Nigerian enactments have entrenched these statutes as part of the lex lata including the Law (Miscellaneous Provisions) Act, the Interpretation Act, and Section 315 of the Constitution which includes such statutes among existing laws. Note further that, many States in the country have re-enacted the Act into their State statute books as for example Lagos and Kwara State


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