Caveat Emptor ? or means “let the buyer beware.” According to the doctrine of caveat an tor its the cuty ofthe buyer to be careful while purchasing goods of his requirement and, in the absence of any enquiry from the buyer, the seller is not bound to disclose every defect in goods of which he may be cognisant. The buyer must examine the goods thoroughly and must eee that the goods he buys are suitable for the purpose for which he wants them. ifthe goods tum out to be defective of do not suit his purpose, the buyer cannot hold the seller liable for the same, as there is NO implied undertaking by the seller that he shall supply such goods as suit the buyer's purpose. If, therefore, while making purchases of goods the buyer depends upon his own skill and makes a bad choice, he must curse himself for his own folly, in the absence of ,presentation or fraud or guarantee by the seller. t do your mean by a) The maxim of caveat empt any misre} {LUSTRATIONS: ‘purchases a horse from B. A needed the horse for riding but he did not mention this (a) fact to B, The horse is not suitable for riding but is suitable only for being driven in the carriage. Caveat emptor being the rule, A can neither reject the horse nor can he claim any compensation from B. Certain pigs were sold by auction “with all faults.” The pigs were suffering from typhoid fever and all of them but one died. They also infected a few of the buyer's own pigs. It was held that the seller was not bound to disclose that the pigs were unhealthy. Caveat emptor being the rule, the buyer could not claim damages from the seller (Ward vs.Hobbs28). Exceptions: The doctrine of caveat emptor is subject to the following exceptions: presentation and the buyer relies on it, the doctrine of In of the innocent (b) 1 Where the seller makes a mis-re} caveat emptor does not apply. Such a contract being voidable at the optior party, the buyer has a right to rescind the contract. 2 Where the seller makes a false representation amounting to fraud and the buyer relies on it, or where the seller actively conceals a defect in the goods so that the same could not be discovered on a reasonable examination, the doctrine of caveat emptor does not apply. Such a contract is also voidable at the option of th avoid the contract and also claim damages for fraud. ygere the goods are purchased by description and they do not correspond with the 4 Mie (Sec. 15). (See implied condition ‘in a sale by description’ discussed earlier). ere the goods are purchased by description from a seller who deals in such class of ite and they are not of ‘merchantable quality’, the doctrine of caveat emptor does not ined the goods, as regards defects Poly, d ee the doctrine applies, if the buyer has exami pods, ds def merchanne &xamination ought to have revealed [Sec. 16(2)]. (See implied condition ‘as to 7 ere Bone discussed earlier). hebuy ie 8o0ds are bought by sample, the doctrine . S not correspond with the sample, or if the b' e buyer and the buyer is entitled to of caveat emptor does not apply if uyer isnot provided an opportunity