Product Liability and E-commerce in Ghana: Focusing Ghana’s Regulatory Framework on Consumer Protection

The e-commerce industry in Ghana has experienced significant development over the past fifteen years. E-commerce platforms like Jumia, Tonaton, and Jiji attract significant daily internet traffic.The growth of the e-commerce industry raises questions about the protection of online consumers. This paper evaluates the degree to which Ghana’s Electronic Transactions Act 2008 (Act 772) safeguards the rights of consumers who use e-commerce platforms. While commending the Act for its provisions on disclosure, unsolicited electronic communications, and a consumer’s choice to affirm or rescind an electronic contract based on the seller’s non-compliance, this paper argues that the Act is inflexible in the remedies it provides consumers and does not sufficiently cover other aspects of consumer protection such as the obligation of suppliers and consumers in lastmile delivery. This paper recommends the adoption of some provisions of the Convention on the International Sale of Goods and the Convention on the Use of Electronic Communications in International Contracts to fill the gaps identified to ensure consumer protection and the integrity of e-commerce transactions in Ghana.

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Publication Details

Journal
Business Law Review
Published
2024-12-01
DOI
https://doi.org/10.54648/bula2024020
Citations
1
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
4.07
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article

Product Liability and E-commerce in Ghana: Focusing Ghana’s Regulatory Framework on Consumer Protection

Ama F. Hammond, C. Dowuona-Hammond, Richard Adjei Kyeremateng
1 citations
Business Law Review
European and International Contract Law
4.07
article

Product Liability and E-commerce in Ghana: Focusing Ghana’s Regulatory Framework on Consumer Protection

Ama F. Hammond, C. Dowuona-Hammond, Richard Adjei Kyeremateng
article en
1 citations

Abstract

The e-commerce industry in Ghana has experienced significant development over the past fifteen years. E-commerce platforms like Jumia, Tonaton, and Jiji attract significant daily internet traffic.The growth of the e-commerce industry raises questions about the protection of online consumers. This paper evaluates the degree to which Ghana’s Electronic Transactions Act 2008 (Act 772) safeguards the rights of consumers who use e-commerce platforms. While commending the Act for its provisions on disclosure, unsolicited electronic communications, and a consumer’s choice to affirm or rescind an electronic contract based on the seller’s non-compliance, this paper argues that the Act is inflexible in the remedies it provides consumers and does not sufficiently cover other aspects of consumer protection such as the obligation of suppliers and consumers in lastmile delivery. This paper recommends the adoption of some provisions of the Convention on the International Sale of Goods and the Convention on the Use of Electronic Communications in International Contracts to fill the gaps identified to ensure consumer protection and the integrity of e-commerce transactions in Ghana.

Business Law ReviewVol. 45(Issue 6)
Partnerships for the goals
Openalex Percentile: Top 6%
European and International Contract Law
4.07
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