Benue State University, Makurdi

Examining the Application of the Doctrine of Caveat Emptor to Online Contracts of Sale of Goods in Nigeria

Judith E. Jessah*

Abstract

Caveat Emptor is one of the fundamental rules of the law of contract which stipulates that a buyer of product should exercise due diligence when making a purchase and the risk of his failure to do so, should be borne by him. To this extent, the doctrine limits, and in some cases totally excludes, the seller from liability from defective products sold or supplied by him. Over the years, rigidity of this doctrine has been relaxed by certain principles laid down in decided cases. With the internet’s emergence, and increase in online sale transactions, the extent to which this doctrine is still relevant in modern times has been called to question. The aim of this research is to examine the application of this doctrine to online sale transactions in Nigeria, and the extent to which online consumers are afforded protection from exploitation by online sellers, against the back drop of the theories of Laisser Faire, Contractual Freedom and Cyberlibertarianism. To achieve this aim, or the doctrinal method of research was adopted which involved the retrieval of primary and secondary materials relevant to the subject matter in question. For comparative purpose, brief reference was made to the electronic commerce and laws of other jurisdictions. The research discovered that globally, there is a push for greater protection of online consumers against exploitation with governments, online businesses and even consumers, having specific roles to play in this regard. Based on the findings, the research recommends, inter alia, that consumers should be made aware of the extent of their rights before, during and after purchase of goods online.

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