The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor

Abstract

Transfer of title remains the fulcrum of sale transactions without which there are legal ramifications for both the seller and buyer. The Sale of Goods Act of 1962, Act 137, and the principles of common law and equity lay down the fundamental principles underlying a sale transaction in Ghana. Application of the principles of caveat emptor and protection of the buyer in good faith has brought to the fore, the complexities in balancing these competing interests. This article analyses Act 137 in conjunction with other legislation in selected jurisdictions and case law in respect of this conundrum.