Ms Mwelwa

SCHOOL OF BUSINESS, ECONOMICS AND MANAGEMENT SCIENCE

BBA 170 BUSINESS LAW

Class Activity

Zambia adopted the Sale of Goods Act 1893 at independence unreservedly.

I. To what extent if at all, does it apply to Zambia’s current commercial atmosphere?

You may cite any statutory provisions and/or refer to any other relevant factor(s).

• The Act does not cover transactions which involve the buying and selling

of second hand goods see s14(1) and (2)

• The Act is not express on third party liability see s13 and 15

• The Act does not allow for a non-contracting Plaintiff to sue for

loss/damage See Priest v Last 1903 2 kb 148

• The Act makes it difficult if not impossible, for an action to be brought

againt a manufacturer where there was no existing contract between the

purchaser of the goods and the manufacturer see Donoghue v Stevenson

1932 AC 562
 II. If you have identified any problems/challenges/issues, what solution(s) are you

offering?

• Act should be amended to reflect the Zambian context

• Enact more laws which promote consumer protection

• These changes may not materialize speedily due to factors such as lack of

political will, weak economy, more pressing priorities, lack of appreciation

by the general public to the change in the law

III. If you have not identified any problems/challenges/issues justify why you think

the law is adequate as it stands.

• X to provide his/her own reasons

NB:
Please read MAKAYI N ‘The Sale of Goods Act 1893 in Zambia: It’s Applicability in Todays
Commercial Transactions’ 2003 pages 29-48
The above research is the view of that author. You may conduct your own research
(credible authority) and formulate your own views

END