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  • Caveat Emptor - Akshay

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    Akshay Kumar
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    The doctrine of caveat emptor, or "let the buyer beware", means that the buyer bears responsibility for inspecting goods before purchase to ensure their quality and fitness. Unless the seller knows the specific purpose for which goods are needed, there is no implied warranty that they will be suitable. If a buyer makes a poor selection, they cannot claim damages from the seller. For example, in one case, a seller was not liable when pigs sold at auction were described incorrectly but the sale still proceeded. Exceptions exist when the buyer relies on the seller's expertise, an implied warranty of merchantability applies, consent was obtained by fraud, or there is an established trade usage.

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    CAVEAT EMPTOR - AKSHAY

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    The doctrine of caveat emptor, or "let the buyer beware", means that the buyer bears responsibility for inspecting goods before purchase to ensure their quality and fitness. Unless the seller knows the specific purpose for which goods are needed, there is no implied warranty that they will be suitable. If a buyer makes a poor selection, they cannot claim damages from the seller. For example, in one case, a seller was not liable when pigs sold at auction were described incorrectly but the sale still proceeded. Exceptions exist when the buyer relies on the seller's expertise, an implied warranty of merchantability applies, consent was obtained by fraud, or there is an established trade usage.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Download as pdf or txt
    3 views2 pages

    Caveat Emptor - Akshay

    Uploaded by

    Akshay Kumar
    The doctrine of caveat emptor, or "let the buyer beware", means that the buyer bears responsibility for inspecting goods before purchase to ensure their quality and fitness. Unless the seller knows the specific purpose for which goods are needed, there is no implied warranty that they will be suitable. If a buyer makes a poor selection, they cannot claim damages from the seller. For example, in one case, a seller was not liable when pigs sold at auction were described incorrectly but the sale still proceeded. Exceptions exist when the buyer relies on the seller's expertise, an implied warranty of merchantability applies, consent was obtained by fraud, or there is an established trade usage.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    CAVEAT EMPTOR (SEC.

    16)

    # let the buyer beware means a buyer must

    buy goods only after satisfying himself of their

    Quality or fitness.

    # it is not part of the sellers duty in contact of

    sale to give the buyer an article suitable for

    particular purpose unless such purpose is

    known to the seller.

    # No implied warranty/condition as to the

    quality or fitness for any particular purpose if

    the buyer makes a bad choice,he can not

    blame seller and claim damages.

    E.g., Case-- ( ward vs hobb )

    # 32 pigs were sold by hobb in auction to ward

    With all the fault and error of description sale


    was good and seller was not liable to damages.

    Exceptions to the rule of CAVEAT EMPTOR : -

    # where the buyer relies on the skill and

    judgement of the seller.

    # merchantable quality of goods.

    # consent by fraud.

    # usage of trade.

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