The term caveat emptor means “let the buyer
beware”. It says that buyer should buy
the goods at his own risk and seller is
not responsible for any defects in the
goods or whether the goods are useful
for buyer or not.
·
Buyer should inspect the goods for defects before buying it
and it is not the duty of seller.
·
Buyer should insure himself that the goods are according to
his requirement
Buyer can not hold the seller responsible
and liable for the goods turn out to be
defective or do not fulfill his
requirements. There is no implied
condition or warranty as to quality or
fitness for any particular purpose.
Exceptions:
Fraud: -
the principle of Caveat Emptor does not
protect the seller where he makes a
false representation of the goods or
purposely hides the defects which could
not be found on examination and sales it
to the buyer.
Implied condition as to quality and
fitness: -
When the buyer makes known to the seller
about the purpose of buying the goods
and he is completely relied upon
seller’s skill and judgment. Then it is
responsibility of seller to give the
goods according to the need of buyer.
Merchantable Quality: -
When the goods are purchased by description from a seller, who deals in
goods of description only and there is
implied condition that goods shall be of
merchantable quality. But if buyer
examines the goods then there is no
implied condition.
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