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VOL. 12, ISSUE 8 (2025)
A critical examination of implied terms under sale of goods act
Authors
Dr. Ibrahim Aliyu Shehu, Abubakar Sadiq Usman
Abstract
This paper critically examines the implied terms
under the Sale of Goods Act, 1893, with a focus on understanding their
application and impact on contemporary commercial transactions. Using a
doctrinal research methodology, the paper explores the statutory provisions of
the Act, particularly the implied terms regarding the seller's title, the
fitness for purpose of goods, and their correspondence with descriptions. It
draws on case law, statutory interpretation, and legal commentary to analyse
the practical and theoretical implications of these terms, both in the
historical context of the Act and in the modern business environment. The
research identifies key gaps in the application of the Sale of Goods Act,
particularly its outdated provisions that no longer align with current
commercial practices, including digital transactions and e-commerce. The study
also highlights inconsistencies in judicial interpretation and the absence of
clear guidelines for emerging business models. Based on these findings, the
paper recommends reforms to enhance the clarity, adaptability, and relevance of
implied terms in the Act. These reforms include updates to account for
technological advancements, clarification of judicial interpretation, and the
introduction of provisions to better protect consumer rights in a globalized
marketplace. By addressing these gaps, the paper advocates for a legal
framework that supports fair and transparent commercial practices in line with
international best practices.
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Pages:23-28
How to cite this article:
Dr. Ibrahim Aliyu Shehu, Abubakar Sadiq Usman "A critical examination of implied terms under sale of goods act". International Journal of Multidisciplinary Research and Development, Vol 12, Issue 8, 2025, Pages 23-28
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