A Comparative Legal Analysis of Elements of Contract of Sale under the Laws Regulating Contract of Sale in Nigeria, South Africa and United States

PhD Michael Sunday Afolayan and Adejumoke Olusola Kumapayi
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PhD Michael Sunday Afolayan: Senior Lecturer, Business & Industrial Law Department, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria
Adejumoke Olusola Kumapayi: LL.M Research Student, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria

International Journal of Research and Innovation in Social Science, 2021, vol. 5, issue 11, 51-56

Abstract: This seminar paper focused on the comparative legal analysis of elements of contract of sale under the laws regulating contract of sale in Nigeria, South Africa and United States. It examined the various laws regulating elements of contract of sale in the three jurisdictions mentioned above looking at the similarities and differences in their statutory provisions. The research methodology adopted is doctrinal approach. The Primary and Secondary sources of materials were consulted in the writing of the work. Primary sources such as law reports, case laws, statutes etc. and secondary sources such as law textbooks, journals etc. This work finds out that there is similarity in the essential elements of a contract of sale in the three jurisdictions but there are slight differences in their practices. The work also found out that the law regulating contract of sale in Nigeria is obsolete and archaic and therefore needs to be amended to suite the current practices of modern-day commercial transactions. It is important that our laws be reviewed from time to time to incorporate changes that occur day in day out in our societies. This work advocates for timely review of laws governing contract of sale and commercial transactions in Nigeria.

Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:bcp:journl:v:5:y:2021:i:11:p:51-56

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