A Critical Analysis of the Remedies for Breach of an Electronic Commercial Transaction under OHADA Uniform Act on General Commercial Law

Abstract

This research paper seeks to conduct an assessment of the parties’ remedies for breach of an electronic commercial transaction under the OHADA Uniform Act on General Commercial Law (UAGCL). The main aim is to critically examine the relevant provisions, so as to comprehend how the regime has dealt with issues as to those remedies and to identify particular areas of limitations. In its examination of the Uniform Act, it tries to scrutinize what remedies are available for the buyer and the seller who have suffered a breach in the contract. An emphasis is placed on questioning what way the various courses of action open to the aggrieved party is unfolded as well as what requirements must be fulfilled for the parties to exercise each remedy. The methodology employed in this article is purely doctrinal which is based on both primary and secondary data. The paper concludes with some robust recommendations which if effectively implemented will go a long way to enhance commercial trasactions amongst OHADA member states.