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VOL. 6, ISSUE 4 (2024)
Resolving definitional inconsistencies in unascertained, ascertained and specific goods under the Sale of Goods Act, 1962 (“Act 137”)
Authors
Dr. Samuel Obeng Manteaw
Abstract
This article examines the statutory
definitions of specific, unascertained, and ascertained goods under Ghana's Sale of Goods Act, 1962 (Act 137); the
ambiguities in the definitions, and inconsistencies in their judicial
interpretation. These terms are crucial in determining when property and risk
transfers occur between buyers and sellers in sales transactions. The
discussion highlights how courts have occasionally misapplied these definitions
or missed opportunities to provide clarity; leading to legal uncertainty in the
practical application of the terms. Several practical solutions are proposed,
including; judicial intervention, legislative amendments, and creation of
regulatory guidelines to resolve the ambiguities and to ensure consistency. The
article concludes by emphasising the importance of resolving these ambiguities
to ensure consistency, fairness, and efficiency in Ghana’s commercial law
framework.
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Pages:32-38
How to cite this article:
Dr. Samuel Obeng Manteaw "Resolving definitional inconsistencies in unascertained, ascertained and specific goods under the Sale of Goods Act, 1962 (“Act 137”)". International Journal of Educational Research and Development, Vol 6, Issue 4, 2024, Pages 32-38
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