Discuss the doctrine of “caveat emptor”, as used in the context of the law governing sale of goods
Doctrine of caveat emptor as used in sale of goods
- The doctrine of caveat emptor means “buyers beware”.
- According to this doctrine, the seller is not bound to disclose any defects in his goods to the buyer unless specific defects have been asked for. The buyer has the responsibility to inspect goods.
- Where there is a sale by sample, the buyer has a duty to inspect the sample before accepting the goods.
- The doctrine does not cover the implied conditions in a contract of sale. For example right to sell, merchantable quality and so on. If the buyer has examined the goods but failed to detect with such examinations ought to reveal.
- The doctrine covers implied warranties in every contract of sale for example the buyer shall have quiet possession.
- A buyer who relies on his own skill and makes a bad choice cannot blame the seller
Share with your friends