Doctrine of Caveat Emptor: Meaning and Exception

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Doctrine of Caveat Emptor: Meaning and Exception
  • The “Doctrine of Caveat Emptor” means “let the buyer beware”.
  • It means that the buyer while purchasing goods must act with a “third eye and ear”, i.e.,
    • He should be careful to see that the goods purchased will serve his purpose well.
    • If the buyer is not careful and he finds later on that the goods do not serve his purpose, he cannot hold the seller liable for it.
    • The seller is under no obligation to tell the defects of his articles.
  • However, in the following exceptions Doctrine of caveat emptor is not applicable:
    • Implied conditions as to quality or fitness. It means when buyer has specified his purpose and relied on skill of seller, the doctrine of caveat emptor is not applicable.
    • When goods are sold by description, it should be of merchantable quality. In such case, doctrine of caveat emptor is not applicable.
    • In case of edible items, implied condition of wholesomeness is applicable and goods should are not fit for human consumption then buyer is not liable but seller will be liable.
    • Usage or custom of trade.
    • When the consent of buyer is obtained by fraud, the provision of doctrine of caveat emptor is not applicable.

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