Professional Documents
Culture Documents
Caveat Emptor
Caveat Emptor
Caveat Emptor
Buyer cannot hold the seller liable if the goods turn out to be defective or do not
suit his purpose or if the buyer makes a mistake in assessing the quality of the
goods. It is for the buyer to ensure at the time of purchase that the goods conform
to his requirements.
When a person buys some goods, it is his duty to examine them thoroughly.
Generally, goods are purchased when the buyer is satisfied with its quality and
need. Hence, the goods is purchased by the buyer at his own risk and to his best
judgement. If the goods do not suit the purpose, he cannot blame anybody except
himself. The buyer has to bear the consequences of his wrong selection of goods.
4. Consent by Fraud
The doctrine of Caveat Emptor shall not apply to all those purchases, which have
been made by a buyer under a contract where the seller obtained his consent by
fraud. A seller, who is guilty of fraud, shall have no protection of the doctrine of
caveat emptor.
7. Misrepresentation
Where the seller has made a false representation relating to the goods and the
buyer has relied upon it, the doctrine of Caveat Emptor will not apply. Such a
contract being voidable at the option of the innocent party, the buyer has a right to
rescind the contract.