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The doctrine of Caveat Emptor does not apply, when
- a)the goods are bought by sample.
- b)the goods are bought by sample as well as description.
- c)the goods are purchased under its brand name.
- d)all of the above.
Correct answer is option 'D'. Can you explain this answer?
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The doctrine of Caveat Emptor does not apply, whena)the goods are boug...
Understanding Caveat Emptor
Caveat Emptor, a Latin term meaning "let the buyer beware," implies that the buyer is responsible for checking the quality and suitability of goods before purchasing. However, there are specific situations where this doctrine does not apply.
Exceptions to Caveat Emptor
1. Goods Bought by Sample
- When a buyer purchases goods based on a sample, it is assumed that the sample represents the quality of the bulk.
- If the bulk does not match the sample, the buyer has the right to claim a breach of contract.
2. Goods Bought by Sample and Description
- If the goods are purchased based on both a sample and a description, the seller is obligated to ensure that the goods conform to both.
- Any significant deviation from the sample or description allows the buyer to reject the goods.
3. Goods Purchased Under Brand Name
- When goods are bought under a recognized brand name, consumers expect a certain quality level associated with that brand.
- If the product does not meet these expectations, the buyer can seek remedies against the seller.
Conclusion
In all the above cases, the seller bears the responsibility to ensure that the goods match the sample, description, or brand standards. Thus, the doctrine of Caveat Emptor is not applicable, protecting buyers from potential fraud or misrepresentation. Therefore, the correct answer is option 'D' - all of the above.
Caveat Emptor, a Latin term meaning "let the buyer beware," implies that the buyer is responsible for checking the quality and suitability of goods before purchasing. However, there are specific situations where this doctrine does not apply.
Exceptions to Caveat Emptor
1. Goods Bought by Sample
- When a buyer purchases goods based on a sample, it is assumed that the sample represents the quality of the bulk.
- If the bulk does not match the sample, the buyer has the right to claim a breach of contract.
2. Goods Bought by Sample and Description
- If the goods are purchased based on both a sample and a description, the seller is obligated to ensure that the goods conform to both.
- Any significant deviation from the sample or description allows the buyer to reject the goods.
3. Goods Purchased Under Brand Name
- When goods are bought under a recognized brand name, consumers expect a certain quality level associated with that brand.
- If the product does not meet these expectations, the buyer can seek remedies against the seller.
Conclusion
In all the above cases, the seller bears the responsibility to ensure that the goods match the sample, description, or brand standards. Thus, the doctrine of Caveat Emptor is not applicable, protecting buyers from potential fraud or misrepresentation. Therefore, the correct answer is option 'D' - all of the above.
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