With the aid of relevant case law and statutory provisions, discuss any five (5) obligations of the seller under a contract for the sale of goods in Ghana.
What will be an ideal response.
Answer: Contract of sale of goods is a contract, whereby, the seller transfers or agrees to transfer the property in goods to the buyer for a price.
Five obligations of seller under contract for sale of goods in Ghana are as follows:
Generally,the seller's primary obligations are to transfer ownership of the goods and deliver the goods.
1. In a sale of specific goods the fundamental obligation of the seller is to deliver those goods to the buyer.
2. In a sale of unascertained goods the fundamental obligation of the seller is to deliver to the buyer goods substantially corresponding to the description or sample by which they were sold.
3. In case of goods are in the possession of a third party, or Bailee, at the time of the sale, the seller must arrange matters with the Bailee so that the buyer may take possession.
4. In case of shipment contract, the seller's duties for delivery are complete as soon as the goals are delivered to the carrier. With a destination contact, the seller's obligation to deliver does not end until the goods are delivered to the buyer or at a selected location.
5. A provision in a contract of sale which is inconsistent with, or repugnant to the fundamental obligation of the seller, is void to the extent of the inconsistenty or repugnance.
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