Legal Framework for the Protection of Consumers in OnLine Sales of Goods

Abstract

Most economic activities involve buying and selling of movable goods. With the advent of computer age, sales of goods and services are increasingly being transacted over the Internet. Unfortunately, as
technology advances, it is often a challenge for legislation both at the local and international levels to keep pace with current development in the on-line sale or auction of goods. Modern laws on e-commerce seem
to give more attention to perfection and proof of on-line contracts to the detriment of some aspects of on-line contract for sale or auction of goods such as the right of the buyer to examine goods to determine whether they
are of acceptable quality before payment. This paper argues that in essence, e-commerce is like any existing commercial activity. The major differences lie in the fact that existing legal regimes are no longer adequate to deal with the abuse and threat that emerged with the development of on-line sale or auction of goods. This problem calls for new protective rules. Thus, it is imperative that United Nations Convention on Contracts for the International Sale of Goods as well as
the United Nations Commission on International Trade Law being the two major international instruments on contract should be developed to suit this new challenge because with the 21st century development in ecommerce, these Conventions’ silence on the on-line sales of goods have made e-consumers (buyers) to operate under ridiculous and outrageous conditions often provided by producers or sellers. In Nigeria, the Sale of Goods Act also needs an urgent legislative attention. Being an Act enacted in 1893, there is the need for it to be amended to suit the 21st century challenges in on-line sale of goods. In particular, the Sale of Goods Act should be amended to meet the needs of technological evolution and its implication on the consumers.