E-COMMERCE IN NIGERIA: LIABILITY FOR LOSS OR DAMAGE TO GOODS SUPPLIED BY A SELLER PURSUANT TO AN ELECTRONIC CONTRACT

Abstract

This paper examines the concept of risk and transfer of risk in a sale of goods contract where the contract is entered into electronically. To achieve the aim of this paper, the doctrinal method of research was adopted involving the retrieval of primary and secondary materials relevant to the subject matter in question, particularly the Sale of Goods Act (SOGA) 1893. In the course of this study, it was discovered that the principles on transfer of risk, as highlighted in the SOGA 1893, are applicable to electronic contracts and, in the absence of an Electronic Transaction Act in Nigeria, as well as the failure or neglect of the Federal Competition and Consumer Protection Act (FCCP) 2018 making specific provisions for consumers who transact online, consumers may be at a loss as to how to enforce the terms of the contract. Such consumers would have to fall back on common law and equitable principles as embodied in decided cases. Based on the above findings, the paper recommends the amendment of the SOGA, with a section included to incorporate other statutes, including the FCCA 2018, by reference.