Commercial Law

Notes

Cases
Resources
Introduction to the Law of Agency

Explains agency, rationale for agency, key concepts in agency, agency versus other types of commercial arrangements.

Agents

This note discusses what an agent is, types of agents, duties and rights of agents.

Principals

This note discusses who a principal is, types of principals, how principals empower agents, and the duties of a principal.

Creation of Agency

Explains the four ways in which an agency relationship may be created and the authority of agents.

Introduction to Sale of Goods in Ghana

This note thoroughly examines the meaning of a contract for the sale of goods within Act 137

Formation of a Sale of Goods Contract in Ghana

This note discusses what constitutes a sale of goods contract, the parties to a sale of goods contract, how a contract of sale of goods may be formed, and how the consideration in a contract of sale of goods is determined amongst others.

Duties and Liabilities of the Seller in a Contract for the Sale of Goods

This note discuses the duties of a seller under Ghanaian law in a contract for the sale of goods.

Duty of the Seller to Deliver Goods to the Buyer in Ghana

The delivery of goods to the buyer is a fundamental obligation of the seller under section 8 of the Sale of Goods Act, 1962 (Act 137). This note discusses the delivery of goods in a sale of goods contract.

Duties of the Buyer and Remedies to the Seller for the Buyer’s Breach of Duty in Ghana

This note discusses the duties of a buyer in a contract of sale of goods and the rights and remedies available to the seller when the buyer breaches his duty.

The Law of the International Sale of Goods

This note discusses incoterms

Sale of Goods versus Other Transactions

This note compares a contract of sale of goods to a hire purchase, bailment, gift, barter, and a contract for works and materials

Introduction to Hire Purchase in Ghana

This note discusses the meaning of a hire purchase agreement within the context of commercial law. Among others, it examines the meanings of a hire purchase under the common law, the Sale of Goods Act 1962 (Act 137), and the Hire Purchase Act 1974 (NRCD 292) and some essential characteristics of a hire purchase.

Hire Purchase Agreement versus Credit Sale Agreement in Ghana

This note discusses the differences and similarities (if any) between a hire purchase agreement and a credit sale agreement in Ghana.

Hire Purchase Agreement versus Conditional Sale Agreement in Ghana

This note discusses the differences and similarities between a hire purchase agreement and a conditional sale agreement.

Formation of a Hire-Purchase Agreement

This note will examine various statutory provisions governing the formation of a hire-purchase contract. It looks at the elements of a hire purchase agreement that will allow an owner to enforce a hire purchase contract, the requirements before an agreement, the form the agreement must take, and the form an agreement cannot take pursuant to the Hire Purchase Act, 1974 (NRCD 292).

Protected Goods in a Hire-Purchase or Conditional Sale

This note will discuss the meaning of protected goods and the conditions that must exist for the goods hired under a hire purchase agreement to be considered protected goods, how an owner or a seller can recover possession of protected goods from a defaulting hirer or buyer, and the consequences for recovering possession of protected goods from a buyer or hirer without following due process.

Implied Terms in a Hire Purchase or Conditional Sale Agreement

This note discusses the implied terms in the Hire Purchase Act, NRCD 292

Introduction to Negotiable Instruments

This note explains the meaning of negotiable instruments, what it means to say an instrument is negotiable, and the types of negotiable instruments.

Introduction to the Bill of Exchange in Ghana

This note will examine the definition of a bill of exchange and the parties involved in a bill of exchange transaction.

Bills of Exchange versus Promissory Notes

A brief discussion on the differences between a bill of exchange and a promissory note in Ghana

Acceptance of a Bill and Liability of a Drawee and Acceptor

First, this note will discuss the meaning of acceptance, its primary effect, and the forms it may take after a drawee is ordered to pay a sum certain in money to another. Further, the note will discuss the liability of an acceptor (a drawee who has accepted to pay a bill).

Validity of an Instrument as a Bill of Exchange in Ghana

The note is divided into two main sections. First, we examine factors that will result in an instrument not being considered a bill, even if the parties intended it to be one. Second, we examine factors that, although may be considered "irregularities" or material omissions, or render a bill non-negotiable, do not, in themselves, render a bill invalid.

Negotiation of a Bill of Exchange in Ghana

This note explains what it means to negotiate an instrument and how an instrument is negotiated based on its nature (whether payable to bearer or payable to order.

Introduction to the Holder as the Party that Benefits from a Bill

We discuss who a holder is, the rights and duties of a holder, and outline the types of holders.

The Mere Holder

A brief discussion on a mere holder as a type of holder

Holder for Value

Discusses how a mere holder becomes a holder for value, and how a holder for value differs from a holder in due course

Holder in Due Course

This note has discussed what it means to be a holder in due course, the special protections given to a holder in due course by Act 55, and the circumstances under which a holder would be considered a holder in due course.

Introduction to (Law of) Banking in Ghana

This note provides a brief overview of the history of banking in Ghana, and banking laws in Ghana

Bank of Ghana and its Role in Banking

roles of the Bank of Ghana especially as they relate to the Ghanaian banking sector.

A Bank

This note will discuss the meaning of a bank in Ghana.

A Customer of a Bank

This note will discuss who qualifies to be referred to as a customer of a bank.