Challenges associated with selling goods by description on commercial electronic platforms internationally and their relationship to facilitating international trade, consumer rights and traders’ duties (a comparative approach between the UK and US)

Abstract

This academic dissertation will begin by arguing that electronic commerce (e-commerce) has contributed unquestionably to the expansion and development of international trade. In e-commerce, the sale of goods is wholly dependent on all forms of product descriptions. Clearly, if there is no description, there is no sale. This research aims to show that it is necessary to shed light on selling through descriptions, fill in their gaps, and prevent fraud and deception resulting from the Sale of Goods Act's ambiguity and weakness, given that descriptions are considered the first determinants in the success of selling on e-commerce platforms and lead consumers to make a purchase decision.

This academic research examined this topic through a comparative analysis of UK and US laws pertaining to this field.

This study suggests that Section 13 of the Sale of Goods Act 1979 requires clarification to prevent confusion in actual commercial practice and protect consumers from merchants' bad faith or lack of expertise. Its definition is ambiguous – some tend to interpret it broadly, while others narrowly – and there have been numerous attempts to clarify it. Since it is the basis and beginning of the description of products, it is necessary to focus on it and establish standards that help merchants describe goods so that the process of description does not fall under the control of the seller and their choice of incorrect, unclear and deceptive descriptive language, whether intentionally or unintentionally, making consumers fall victims.

The findings demonstrate the imperative need for clear criteria or guidelines to accurately describe products on the internet to boost e-commerce and increase consumer confidence because e-commerce is the modern, enhanced and streamlined form of international trade.