REVISITING THE SALE OF GOODS ACT 1893: FOUNDATIONS, LIMITATIONS, AND EVOLVING INFLUENCE ON CONSUMER PROTECTION IN NIGERIA AND THE UK

Abstract

The Sale of Goods Act 1893 (SGA 1893) remains a foundational statute in the historical development of consumer protection laws, particularly through its codification of implied terms that safeguard buyers in commercial transactions. This paper presents a critical and comparative analysis of the SGA 1893, examining both its pioneering role and its limitations in light of contemporary consumer needs. The central aim is to evaluate how the implied terms under the Act set early legal standards for fairness and trust in trade, and to assess the continuing relevance or obsolescence of these provisions in modern legal systems, especially in the United Kingdom and Nigeria.

Using the doctrinal method of legal research, the study draws from statutory texts, case law, and academic commentary to explore judicial interpretations and legislative evolution. The paper highlights the enduring legacy of the Act as a model for consumer protection, while also critiquing its deficiencies in addressing digital commerce, cross-border transactions, and complex product liability scenarios. In doing so, the paper argues that while the SGA 1893 laid essential legal foundations, there is a pressing need for reform and contextual adaptation to meet 21st-century consumer realities in both jurisdictions.

Keywords:Sale of Goods Act (SGA), Terms of Contract, Implied Terms, Consumer Rights, and Consumer Protection.

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