Goods sold are not returnable: The law as it stands 

By Osei POKU Esq.

A recent incident involving a soldier physically assaulting pharmacy attendants and a female customer over the refusal to accept a returned medicine has reignited public discussion about consumer rights and merchant obligations under Ghanaian law.

The altercation, which stemmed from the customer’s insistence on returning purchased medication, highlights the need for public education on the legal principle that, in most circumstances, goods once sold are not returnable.

The Legal Framework

The law governing the sale of goods in Ghana is primarily contained in the Sale of Goods Act, 1962 (Act 137). This Act codifies the rights and obligations of buyers and sellers in transactions involving goods.

Generally, a contract of sale is complete when the buyer accepts and pays for the goods, and the seller delivers them. Once ownership and possession pass to the buyer, the buyer generally cannot repudiate the transaction unless specific legal grounds exist, such as breach of condition, misrepresentation, or defective goods.

The Principle: Goods sold are not returnable

In Ghanaian commercial practice, it is common to see notices such as “Goods once sold are not returnable.” This principle is not a mere slogan, it reflects the general legal position that once a valid sale has occurred, ownership passes, and the buyer cannot compel the seller to take the goods back.

The rationale is simple: the sale of goods is a contract based on mutual consent, and once the buyer has inspected or had the opportunity to inspect the goods and accepts them, the transaction becomes final. This promotes certainty in commerce and prevents abuse of return policies, especially in sectors like pharmaceuticals, where public health and product integrity are critical.

Exceptions to the Rule

However, this principle is not absolute. The Sale of Goods Act provides exceptions under which goods may be returned or a refund demanded. These include:

Defective or Unmerchantable Goods:

Under Section 13 and Section 14 of Act 137, there is an implied condition that goods must be of merchantable quality and fit for the purpose for which they are sold. If goods are defective or unfit, the buyer is entitled to reject them and demand a refund or replacement.

Merchantability of goods under Ghanaian law simply means:

1. Reasonable quality, that is, the goods must be of a quality that is reasonable to expect. Such goods should not have defects that are not obvious at the time of purchase.
2. Fit for purpose, requiring that the goods should be suitable for the particular purpose that the buyer has made known to the seller.
3. Match sample/description, goods must match whatever sample or description the seller may have shown to the buyer.

But one key condition for the fitness for purpose principle as emphasized by the Supreme Court in, Andreas Bschor GMBH & Co.KG vs. Birim Wood Complex Ltd CA No. J4/9/2015 dated 22^nd March 2016, is that, “the seller should sell the goods in the normal course of his business and buyer should have made the seller aware of the purpose for which he requires the goods.”

Misrepresentation or Fraud:

If the seller induces the sale through false representation, the buyer may rescind the contract and return the goods.

Goods Sold on Approval or Sale-or-Return Basis:

Under Section 26 of Act 137, when goods are delivered on approval or on sale-orreturn terms, ownership passes only when the buyer signifies acceptance or retains the goods beyond a reasonable time.

Special Case: Pharmaceuticals and Health Products

Undoubtedly, drugs should have their sale generally regulated by the Sale of Goods Act, 1962 (Act 137). However, because of how special they are, there are other specific statutes used in regulating their sale and use.

Pharmacies operate under additional regulatory obligations governed by the Pharmacy Act, 1994 (Act 489) and the Public Health Act, 2012 (Act 851). For public safety reasons, medicines sold and dispensed cannot be returned once they leave the pharmacy premises, except where an error in dispensing is proven or they are proven to be unwholesome for consumption.

This restriction protects against contamination, tampering, and resale risks, ensuring that drugs supplied to the public remain safe and traceable.

Consequently, if the media reported facts of the Burma Camp incidents were actually true, then, the buyer could not have had any right of return or rejection of the purchased drug. It would, however, have been different if he got to know after purchasing that the drug was unwholesome per the legal and safety standards for consumption. Therefore, in the absence of such contrary evidence, we submit that the pharmacy attendants were legally justified in refusing the return of the medication in the reported incident.

Assault and the Rule of Law

Regardless of any disagreement over consumer rights, no individual has the legal right to resort to violence. Assaulting service personnel or civilians constitutes a criminal offence under the Criminal Offences Act, 1960 (Act 29). The proper recourse for a dissatisfied buyer is to lodge a complaint with the management, consumer protection bodies, or the police, or take a court action, but certainly not to take the law into their own hands.

Conclusion

The law in Ghana is clear: goods once sold are generally not returnable, unless they are defective (latent defect), misrepresented, or sold under special conditions. In the case of pharmaceuticals, returns are strictly prohibited to protect public health. The recent incident involving the soldier underscores the importance of civic education on consumer law and respect for due process. Both sellers and buyers must operate within the boundaries of the law to ensure fairness, safety, and public order.

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