Let the buyer beware

BY DR. ABDELGADIR WARSAMA GHALIB, LEGAL COUNSEL

EMAIL: AWARSAMA@WARSAMALC.COM

The issue of consumer protection, is very important from legal perspective particularly with reference to business contracts because most of these contracts relate to sale of goods needed by consumers.

There are many legal principles governing this aspect . However , in this connection we refer to one of the legal doctrines which has been taken from the Roman legal principles.

This important legal doctrine is “ caveat emptor, or, let the buyer beware” and applies exclusively on sale of goods contracts. A type of contract that we , as consumers , need to live with everyday many times.

A sale of goods contract is generally defined as “ a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price.” This definition in fact applies to all types of goods , being big consignment or small units .

Goods needed by wholesale merchants or consumers. Legall speaking, we have to note that it is not necessary, in all cases, to observe and maintain complex formalities to create a contract for the sale of goods.

The general rules related to contracts, such as the offer by one party and the acceptance by another party and the payment of the consideration agreed upon between the contracting parties , apply to sale of goods contracts .

Sale of goods contract could be in writing, verbal , partly in writing and partly verbal or even could be implied from the conduct of the parties. There is an implied condition, on the part of the seller, that in case of a sale the seller has a right to sell the goods.

In case of agreement to sell, the seller should have the right to sell when the property is to pass to the buyer immediately. If the seller cannot pass goods to the buyer for any reason, then he will be liable for breach of a condition. A contract for sale of goods , normally , implies many warranties.

The warranties include, the goods are free from any charges of encumbrances, or in other words they are free from any sort of third party rights, not made known to the buyer before concluding the contract and that the buyer will enjoy quiet possession.

In case the contract for the sale of goods is by description, there is an implied condition that the goods will correspond with the description if the buyer does not see the goods before he buys them, for example, from a mail order catalogue or through correspondence form the internet , in such examples , we could clearly say that there has been sale of goods by description.

Electronic commerce thruogh the internet is a good example for sale of goods by description, in this connection it is important to mention that The International Chamber of Commerce and others are working hard to regularize e-commerce including sale of goods via the internet .

The description of the goods may cover many matters such as siz, quality, quantity, weight, ingredients, origin or even how they are to be packed. All such implied conditions are to apply in sale of goods.

(The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of the Daily Tribune)