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MORALS IN SALE CONTRACT; BREACHES AND REMEDIES UNDER THE SALE OF GOODS ACT OF GHANA


Author: James Yamoah*, Elorm Kwami Gorni, Justice Abdulai, Paul Owusu Boateng, Vincent Kwesi Orlando, Richard Owusu Nyarko, Rosemond Owusu Nyarko, Josephine Sackey, Ebenezer Anyan
School of Theology and the Vice President, Ghana Christian University College, Accra – Ghana.
Published Date: 2024-08-08
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Keywords: Sale of goods, Contract of sale, Commercial contracts, Legal frame work.
Abstract:
In the evolving landscape of international trade, the legal frameworks guiding commercial transactions are paramount. This study delves into a comparative analysis of three pivotal instruments: the Sale of Goods Act of Ghana, the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (PICC). By juxtaposing these systems, the research unveils both harmonies and dissonances, each bearing implications for businesses and policymakers. While they converge on universal commercial imperatives like good faith and predictability, their divergences highlight jurisdictional idiosyncrasies and socio-economic variances. Drawing from this intricate analysis, the study posits the need for strategic harmonization, emphasizing an adaptive framework that respects the unique value of each system. It underscores the pivotal role of businesses in adeptly navigating these regimes and the ensuing legal ramifications. Findings: The authors juxtaposed that as the global business commerce surges, the should be an open ended cross cutting international legislations that can let specific regions adopt and develop tailored legal and business practice frame works to suit their regions and countries. It was discovered that such measure are highly likely to be embraced by policy makers and political heads, business group, regulatory agencies and companies. There was an emphasis made that a nuanced understanding of these frameworks becomes vital for a cohesive, cogent and fair business commerce for industry players.