QAZI FAIEZ AHMAD ALI

CONTRACT ASSIGNMENT 2
LLB 4B

QUESTION:

How caveat venditor’s role is demarcated from caveat emptor in Sale

of Goods. Discuss and elaborate your point of view.

ANSWER:
Both Caveat venditor,s and Cavear emptor are the Maxims.
Caveat Venditors: (let the seller beware)
Caveat emptor: ( Let the buyer Beware)

CAVEAT EMPTOR:
in the law of commercial transactions, principle that the
buyer purchases at his own risk in the absence of an express warranty in the
contract.
As a maxim of the early common law the rule was well suited to buying and
selling carried on in the open marketplace or among close neighbours. The
increasing complexity of modern commerce has placed the buyer at a
disadvantage. He is forced to rely more and more upon the skill, judgment, and
honesty of the seller and manufacturer.

The modern law of commercial transactions recognizes this and protects the buyer
by implying various exceptions to the principle of caveat emptor. Thus, in the case
of a sale by sample, the law implies a condition in the contract that the bulk of the
merchandise will correspond with the sample in quality and that the buyer will
have a reasonable opportunity to examine the bulk of the merchandise. Likewise,
when the buyer has made known to the seller the particular purpose for which the
goods are required, the law implies a condition in the ensuing contract that the
merchandise is of merchantable (average) quality and reasonably fit for the
intended purpose.
CAVEAT VENDITR:
Caveat Venditor is a Latin term which means let
the seller beware. The person selling goods is accountable for providing
information about the goods to the seller. It is a counter to caveat emptor and
suggests that sellers can also be deceived in a market transaction. This forces the
seller to take responsibility for the product and discourages sellers from selling
products of unreasonable quality.
 caveat venditor’s role is demarcated from caveat
emptor

Some of the exceptions of Caveat emptor:

 goods purchased under the brand name

 fitness of the product for the buyers purpose
 Goods sold by the description
 Sale by sample
 Sale by description and sample
 Fraud and misrepresentation by the seller.

Caveat Venditor replace the Caveat Emptor:

THE model Caveat Emptor role ie (let the buyer beware) which has been used
from the decades has been shifted towards Caveat Venditor i.e (let the seller
beware).
In caveat emptor the buyer cannot recover his damages from the seller even if the
product is defective or unfit for its use. But the English law moved it to Caveat
Venditor that enhance the rights of consumer to return the good if it s unfit.

If one is going through English Sale of Goods Act, 1893, it’s no longer most
effective substantive however pretty obvious that the vendor’s responsibilities on
disclosure requirements whilst a product is bought became minimum. Buyer’s
exam of the goods become considered over and above any duty upon the seller to
supply facts. Concepts like `health of goods’ and `productivity’, which received’t
shift the load of exceptional and fitness on the seller, weren’t encouraged. Another
robust factor , which changed into gift inside the act, was inside the type of Section
eleven(1)(c), which mandated that during instances where there has been a sale
of`precise’ goods, the client couldn’t reject the products on any ground. Thus it is
noted that the law being bent within the favor of the vendor, and in those times,
one couldn’t even contemplate a corresponding rule, which might put the burden
on the vendor 

There was a fallacy and need for change as the approach which was adapted was
later characterized as detrimental to the development of commerce and trade.
Another sound reason, which can be thought of for the dilution of the rule of
caveat emptor, is to provide adequate protection to the buyer who buys the good in
good faith. Therefore to provide a good relationship between the buyer and the
seller and to keep proper checks and balances, there was need to dissolve the rule
subsequently.
CONCLUSION
It can be concluded from the above a that the rule of caveat emptor is slowly
escaping and is being taken over by the subsequent rule of caveat venditor, the
changes being attributed to a more consumer oriented market wherein commercial
transactions are being encouraged. Such a change, will not only help create an
appropriate balance between the rights and obligations of the seller and the buyer.
But it should be noted that if this rend of change is taken too far, we might end up
in recording transactions due to the approach then becoming extremely pro-buyer
who might misuse the protection under law.