Analysis of the Legal Obligation of Suppliers and Manufacturers to Consumers in Nigeria and the United Kingdom
- November 22, 2021
- Posted by: RSIS
- Category: Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue XI, November 2021 | ISSN 2454–6186
Michael Sunday Afolayan, PhD1, Eniola Adedayo Arogundade2
1Senior Lecturer, Business & Industrial Law Department, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria
2LL.M Research Student, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria
Abstract: This paper analysed the obligations of the suppliers and manufacturer of goods to the consumers under the legal regime for the protection of consumers in Nigeria and the United Kingdom. The work examined the legal framework in Nigeria and United Kingdom, which governs the relationship between the manufacturers, producers, suppliers and consumers. The work also compared the legal regime in the two jurisdictions for the purpose of observing the similarities and differences in the suppliers/manufacturers and consumers relationship. Doctrinal Legal research methodology was adopted with the use primary and secondary sources of legal material. It was discovered that the attitude of Nigerian courts to the obligations of the manufacturers to the consumers has been strictly viewed from the negligence point of view (fault theory) contrary to what obtained in the United Kingdom, where the courts make use of the negligence theory and the strict liability theory whenever the court is called upon to adjudicate on issues bothering on the obligations of manufacturers to consumers. The work concluded that the obligations of the manufacturers to consumers must be reviewed in Nigeria, using the United Kingdom’s combined approach of the negligence and strict liability theories, in addition to criminal prosecution, in appropriate cases, of erring manufacturers in the discharge of their obligation to the consumers. This will in no small measure rid the Nigerian market of fake and counterfeit products from manufacturers who are only profit-oriented. The work made attempt at proffering solutions or better way of doing business in the supplied chain in Nigeria considering the global best practices around the globe.
I. INTRODUCTION
The obligation of the suppliers and manufacturers to the consumer is a relationship that is protected by the law. The main obligation of the manufacturer to consumers is the duty of care. The duty simply means that the manufacturing companies are under duty of care to make available products that are safe for the use of the Consumers. The bottom line is that the manufacturers are under legal duty and obligation to make safe products. The manufacturer faces liability once the product leaves the factory. Product safety is governed by legislations and ethical concerns means the manufacturer should only produce products that have been tested for safety while knowingly producing dangerous product is illegal and unethical, especially where the use of such products may have unintended and harmful effects on the consumers.
