By Dayo Raymond Nide.

1.0. INTRODUCTION

Primarily, the received English law which consist of common law, principles of equity and statute of general application that were in force in England on 1st January 1900 are major source of law in Nigeria.

The sale of Goods Act 1893 is one of the major statute of general application received in Nigeria. It is a law that covers contract of sale, terms relating to the contract, transfer of risks in title, disposition of goods in title by nonowner, delivery, acceptance, payment, and generally remedies and Rights available to the parties to the contract, etc.

As stated above, the sale of Goods Act 1893 was an Act of the parliament of the united kingdom of great Britain and Ireland. The Act was drafted by sir Mackenzie Chalmers.

Upon the receipt of the law into Nigeria, being a federal law, it was implemented nationwide, and most States of the federation had their own sale of Goods law, for example, the Lagos state sale of Goods law 1973, though, the wordings of the law are just replica of the sale of Goods Act 1893.

The Sale of Goods Act 1893 has gone through series of amendment and repeals, down to the present Consumer Rights Act 2015. Whereas, Nigeria still uses the received Sale of Goods Act 1893 and no prospect of any amendment or repeal in view soon.

This Article analyzed The history of Amendment of the Sale of Goods Act and what changes the consumer Rights Act 2015 has brought.

2.0. HISTORY OF AMENDMENT AND REPEALS OF THE SALE OF GOODS ACT.

The sale of Goods Act was first enacted in 1893 in the UK. However, it was repealed And reenacted in 1979 cited as the Sale of Goods Act 1979. The 1979 Act consolidated the original Act of 1893.

The sale of Goods Act of 1979 has the following major content.

I. Part II provides for the contract formation. Section 2 to 15b concern how a contract is formed and in particular contain standardized implied terms in all contract.

II. Part III provides for the effect of the contract. Section 16 to 26 contain a contract’s effect and in particular the transfer of property and title.

III. part IV provides for the contract performance. Section 27 to 39 contain performance of the contract.

IV. Part V provide for rights of unpaid seller

V. Part VI provides for actions for contract breach. Section 49 to 54 concern actions for breach of contract. While

VI. Part VII provides for supplementary provisions.

The repealed and reenactment of Sale of Goods Act 1979 is not so different from that of 1893, like I said earlier it consolidated the 1893 Act.

Then in 1994, the Sale of Goods Act was amended and named the Sale and supply of Goods Act 1994. The amendment provided for the terms to be implied in certain agreements for the transfer of property in or the hire of goods in hire purchase agreements and on the exchange of goods for trading stamps and as to the remedies for breach of the terms of such agreements and for connected purposes.

Again, in 1994, the sale of Goods Act was amended, this time it was to abolish the rule of law relating to the sale of goods in market overt and the Act was cited as the Sale of Goods( Amendment) Act 1994.

In 1995, the law relating to the Sale of unascertained goods forming part of an identified bulk and the sale of undivided shares in goods as regarding the sale of Goods Act was amended and it was cited as the sale of Goods (Amendment) Act 1995.

Presently, the current legislation as regard sale of Goods in the united kingdom is the Consumer Rights Act 2015. This Act repealed the whole of sale of Goods and serve as replacement.

3.0. EFFECT OF THE AMENDED SALE OF GOODS ACT REGARDING THAT WHICH WAS RECEIVED IN NIGERIA AS STATUTE OF GENERAL APPLICATION.

It is basic principle of law that statute of general application that were not in force as at 1st of January 1900 will only be applicable in Nigeria as a foreign law and effect of such foreign law in our legal system is that it is of persuasive effect.

Hence, all amendments done to the sale of Goods Act in 1979, 1994, 1995 and 2015 is of secondary effect and cannot be applicable to Nigeria. This is why the Sale of Goods Act 1893 still remain a binding force in our law up till date.

4.0. THE CONSUMER RIGHTS ACT 2015: WHAT HAS CHANGED?

The consumer Rights Act came into force on 1st October 2015 and replaced majority of the sale of Goods Act 1979, the unfair terms in consumer contracts regulations 1999 and the supply of Goods and service Act 1982.

The Act is divided into three parts.

1. Part 1 provides for consumer contracts of goods, digital content and services. Part 1 has five (5) chapters and it covers section 1 to section 60.

2. Part 2 provides for unfair terms and it covers section 61 to section 76.

3. Part 3 provides for miscellaneous and general. It has six(6) chapters and it covers section 77 to section 101.

4. While it has schedules. Schedule 1 to schedule 10.

5.0. WHAT HAS CHANGED MAJORLY?

1. GOODS
section 2(8) of the Act define goods to mean any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume of set quantity.

This is far different from the definition given in section 62(1) of the Sales of Goods Act 1893.

2. Section 5(1) of the Act provides that.
1) A contract is a sale of contract if under it
(a) the trader transfers or agrees to transfer ownership of goods to the consumer.
(b) the consumer pay or agrees to pay the price.

This is a clear pathway far from the definition of contract of sale in section 1(1) of the Sale of Goods Act 1893.

The chapter two generally provides for what Goods contract are covered . it expanded it more far from what is obtainable in Sale of Goods Act 1893.

3. Section 9-18 provides for statutory Rights are there under a goods contract and this involved digital content. Digital content not available in the sale of Goods Act 1893.

4. Part 1 chapter 3 provides for digital content enough. This is a very good aspect of the legislation. The world is evolving technological wise, hence, the important to input the digital content in the contract of sale laws.

5. Part 2 of the Act has expanded the unfair terms.

The consumer Rights Act 2015 is a modern law, as its content relate to modern sale of goods. Law must not be static, reason why, legislators must be on the watch to amend law that will be in conformity with modern reality.

6.0 RECOMMENDATION

1. Nigeria legislators must see the consumer Rights Act 2015 as a wake up call to review our sale of Goods law to be in conformity with modern day realities.
A copy of the UK’s consumer Rights Act can be replicated and ensure it suit the Nigerian Society.

7.0. CONCLUSION.

For society evolves in all ramifications, hence the law must evolved and be fine tuned to be in realities with changes.

The consumer Rights Act can be aptly described as a modern law of the sale of Goods and it is well thought of.

It will be nice, if we replicate such here in Nigeria too.

REFERENCES.

1. www.legislation.gov.uk

2. Department of trade and industry of the united kingdom website.

Dayo Raymond Nide is a business law student and researcher.