A comparative study of the control of exclusion clauses in consumer contracts: Lessons for Ghana

Abstract

A lot of concerns have been raised over the use of exclusion clauses, especially in respect of transactions involving parties with unequal bargaining power since they are usually not voluntarily subscribed to by the weaker party, but rather imposed on him/her. The problem is compounded by the fact that everyone is a consumer one way or the other, and therefore at risk of the exploitative effects of exclusion clauses. The paper adopts a comparative research methodology in an attempt to evaluate both the judicial and legislative controls of exclusion clauses in consumer contracts under Ghanaian law, as well as those of the United Kingdom (UK) and the Republic of South Africa. The paper reveals that the legislative and judicial controls of exclusion clauses under Ghanaian law are not robust, thereby creating the need for certain reforms to be introduced under Ghanaian law to effectively protect the consumer. The paper concludes by proffering recommendations for legislative interventions which can be introduced to better protect the Ghanaian consumer.