AN ASSESSMENT OF THE RELEVANCE OF THE SALES OF GOODS LAW TO ELECTRONIC SALES IN NIGERIA

ABSTRACT

This research examines the intricacies of integrating traditional sales law with the evolving landscape of electronic sales in Nigeria. The Sales of Goods Act, established in 1893, traditionally governs the sale of tangible goods in the country, providing legal guidelines for payment, delivery, warranties, and other facets of conventional transactions. However, in the era of electronic commerce, it becomes apparent that this century-old legal framework may not sufficiently address the intricacies and challenges presented by digital transactions. Findings indicate that electronic sales agreements introduce unique challenges, including those related to payment validation, electronic signatures, implied terms, and the delivery of intangible digital goods and services. Moreover, there are specific legal challenges that arise from applying the Sales of Goods Act to electronic sales. These encompass issues such as the timing and validation of payments, the legal status of electronic signatures, concerns related to implied terms in digital contracts, and the intricacies of delivery in the context of electronic transactions. This research underscores the immediate need for legal reforms and a dedicated legal framework to govern electronic sales in Nigeria. While traditional contract principles can be adapted to some extent, the dynamic nature of electronic commerce demands a comprehensive legal framework that can provide clarity and fairness in electronic transactions, thereby facilitating the growth and development of e-commerce within the country.