Doctrine of Caveat Emptor ⚠️

Latin Maxim: Caveat Emptor Meaning: "Let the Buyer Beware"

The Rule: It is the buyer's duty to examine and satisfy himself about the quality and suitability of goods before buying. If he fails to check and later finds defects, he cannot blame the seller.

Example: You buy a second-hand mobile phone without checking. Later you find the battery is weak. → You cannot return it. You should have checked!

Exceptions (When Seller IS Responsible) 🛡️

The seller WILL be liable in these cases:

1. Fitness for Purpose (Section 16):

   • Buyer tells seller his specific purpose.
   • Buyer relies on seller's skill/judgment.
   • Seller deals in such goods.
   • Example: "I need a raincoat for trekking in Himalayas." Seller sells normal raincoat (not fit for -10°C). Seller liable.

2. Merchantable Quality (Section 16):

   • Goods sold by description (not by showing).
   • Goods must be of saleable quality (Not damaged, usable).
   • Example: You order "1 ton Rice" online. Seller sends rotten rice. Seller liable.

3. Sale by Sample (Section 17):

   • Bulk goods must match the sample shown.
   • Example: Seller shows red fabric sample. Delivers blue fabric. Seller liable.

4. Sale by Description:

   • Goods must correspond to description.
   • Example: Ad says "4GB RAM Laptop". Delivered laptop has 2GB. Seller liable.

5. Trade Usage / Course of Dealing:

   • Standard practices must be followed.

6. Fraud / Misrepresentation by Seller:

   • Seller lied about quality. Always liable.

Quiz Time! 🎯

💡 Final Wisdom: "Caveat Emptor is the default rule. But the law protects you from bad sellers through these exceptions. Always inform the seller about your specific needs!" 🛡️

Next up: Unpaid Seller - What if the buyer doesn't pay? 💸