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Doctrine ofDoctrine of

Caveat EmptorCaveat Emptor

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Moral of the storyMoral of the story

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Section 16Section 16

|SUBJECT TO THE PROVISIONS|SUBJECT TO THE PROVISIONSOF THIS ACT OR OF ANYOF THIS ACT OR OF ANYOTHER LAW FOR THE TIMEOTHER LAW FOR THE TIME

BEING IN FORCE, THERE IS NOBEING IN FORCE, THERE IS NOIMPLIED WARRANTY ORIMPLIED WARRANTY ORCONDITIONS AS TO THECONDITIONS AS TO THEQUALITY OR FITNESS FORQUALITY OR FITNESS FOR

ANY PURPOSE OF GOODSANY PURPOSE OF GOODSSUPPLIED UNDER CONTRACTSUPPLIED UNDER CONTRACTOF SALE}.OF SALE}.

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The longstanding doctrine of caveat emptor, or "let the buyerThe longstanding doctrine of caveat emptor, or "let the buyerbeware", was first adopted by the English court system inbeware", was first adopted by the English court system inthe early 17th century. The doctrine proposed that a "sellerthe early 17th century. The doctrine proposed that a "sellerbore no responsibility at all for the quality of the productbore no responsibility at all for the quality of the producthe was selling unless he expressly guaranteed it or give ahe was selling unless he expressly guaranteed it or give awarranty to the buyer."warranty to the buyer."

The doctrine was established in 1603 after a goldsmithThe doctrine was established in 1603 after a goldsmithsold a stone affirming that it was a "bezar stone," moresold a stone affirming that it was a "bezar stone," morecommonly known as the gallstone of a goat, which at thecommonly known as the gallstone of a goat, which at thetime held medicinal value. The buyer claimed that thetime held medicinal value. The buyer claimed that theseller had falsely represented the value of the stone. Theseller had falsely represented the value of the stone. TheCourt held that the "bare affirmation that it was a bezarCourt held that the "bare affirmation that it was a bezar

stone, without warranting it to be so, is no cause of action."stone, without warranting it to be so, is no cause of action."The Court correctly stated that every seller will say thatThe Court correctly stated that every seller will say thathis wares are good to a potential buyer when trying tohis wares are good to a potential buyer when trying toconsummate a sale.consummate a sale.

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Where it applies?Where it applies?

It applies whenever the buyer voluntarilyIt applies whenever the buyer voluntarily

chooses what he buys but it has nochooses what he buys but it has no

application in any case in which the sellerapplication in any case in which the sellerhas under taken and the buyer has left it tohas under taken and the buyer has left it to

the seller, to supply goods to be used for athe seller, to supply goods to be used for a

proposed known to both at the time of theproposed known to both at the time of the

sale.sale.

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Exceptions to the ruleExceptions to the rule

There is an implied condition that theThere is an implied condition that the

goods shall be reasonably fit for thegoods shall be reasonably fit for the

purpose ,however, there is no suchpurpose ,however, there is no suchimplied condition where specific article isimplied condition where specific article is

sold under its patent or trade name.sold under its patent or trade name.

[Bombay Burmah trading corporation v.[Bombay Burmah trading corporation v.

Agha Mohammad.(1911) 34.Mad.453Agha Mohammad.(1911) 34.Mad.453(PC)].(PC)].

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Where the seller makes a falseWhere the seller makes a falserepresentation amounting to fraudrepresentation amounting to fraud

and the buyer realize on it or whereand the buyer realize on it or wherethe seller conceals that defect in thethe seller conceals that defect in thegoods which can not be discoveredgoods which can not be discoveredon a reasonable examination, theon a reasonable examination, the

rule will not apply.rule will not apply.

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Where goods are bought by descriptionWhere goods are bought by descriptionfrom the seller who deals in such goodsfrom the seller who deals in such goods

there is an implied condition t

hat t

het

here is an implied condition t

hat t

hegoods shall be of a merchantable quality.goods shall be of a merchantable quality.

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Hapless buyers!! now notHapless buyers!! now not

Consumers protection actConsumers protection act

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