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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...
Exceptions to the Doctrine of Caveat Emptor. The rule of ‘Caveat Emptor’ is, subject to the following exceptions:
1. Implied condition as to quality or fitness : Section16(1) provides ‘that (a) where the buyer, makes known to the seller the purpose for which the goods are required; (b) the buyer relies on skill and judgement of the seller and (c) the goods are of description which it is the course of seller’s business to supply, there is an implied condition that the goods shall be reasonably fit for such purpose. This exception, however, does not apply if the goods are bought under the patent or other trade name.
2. Condition as to description: Where the goads are purchased by description and they do not correspond with the description, the rule of caveat emptor does not apply.
3. Implied condition as to merchant ability: Where goods are bought by description from a seller who deals in goods of that description, there is an implied condition that the goods shall be of merchantable quality.
4. Condition as to wholesomeness: This condition is applicable in case of foodstuffs and other goods meant for human consumption. In such cases there is an implied condition that the goods shall be fit for human consumption.
5. Conditions implied by custom of trade: An implied condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.
6. Seller is guilty of fraud: Where the consent of the buyer is obtained by fraud by the seller or where the seller knowingly conceals a defect so that it could not be discovered on a reasonable examination, the doctrine of caveat emptor does not apply.
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The doctrine of Caveat Emptor does not apply, whena)the goods are boug...
The doctrine of Caveat Emptor, which means "buyer beware" in Latin, is a legal principle that places the responsibility on the buyer to perform due diligence and be cautious when purchasing goods. However, there are certain situations where this doctrine does not apply, as stated in the options provided.
a) When the goods are bought by sample:
- When goods are bought by sample, it means that the buyer has examined a small portion of the goods before purchasing the entire lot. In such cases, the buyer relies on the sample to assess the quality and characteristics of the goods.
- If the sample turns out to be defective or not as described, the buyer can reject the entire lot of goods and seek a refund or replacement.
- In this situation, the doctrine of Caveat Emptor does not apply because the buyer has relied on the sample provided by the seller, and any defects or discrepancies would be the seller's responsibility.
b) When the goods are bought by sample as well as description:
- When goods are bought by both sample and description, it means that the buyer has examined a sample of the goods and also relies on the description provided by the seller.
- In such cases, the buyer expects the goods to conform to both the sample and the description.
- If the goods do not match either the sample or the description, the buyer can reject the goods and seek legal remedies.
- Here again, the doctrine of Caveat Emptor does not apply because the buyer has relied on the sample and description provided by the seller, and any discrepancies would be the seller's responsibility.
c) When the goods are purchased under its brand name:
- When goods are purchased under a specific brand name, the buyer expects the goods to be of a certain quality and meet certain standards associated with that brand.
- If the goods fail to meet the expected standards or if they are defective, the buyer can seek legal recourse against the seller or the brand.
- In this situation as well, the doctrine of Caveat Emptor does not apply because the buyer has relied on the reputation and quality associated with the brand, and any issues would be the responsibility of the seller or the brand.
Therefore, the correct answer is option 'D', which includes all of the above situations where the doctrine of Caveat Emptor does not apply.
a) When the goods are bought by sample:
- When goods are bought by sample, it means that the buyer has examined a small portion of the goods before purchasing the entire lot. In such cases, the buyer relies on the sample to assess the quality and characteristics of the goods.
- If the sample turns out to be defective or not as described, the buyer can reject the entire lot of goods and seek a refund or replacement.
- In this situation, the doctrine of Caveat Emptor does not apply because the buyer has relied on the sample provided by the seller, and any defects or discrepancies would be the seller's responsibility.
b) When the goods are bought by sample as well as description:
- When goods are bought by both sample and description, it means that the buyer has examined a sample of the goods and also relies on the description provided by the seller.
- In such cases, the buyer expects the goods to conform to both the sample and the description.
- If the goods do not match either the sample or the description, the buyer can reject the goods and seek legal remedies.
- Here again, the doctrine of Caveat Emptor does not apply because the buyer has relied on the sample and description provided by the seller, and any discrepancies would be the seller's responsibility.
c) When the goods are purchased under its brand name:
- When goods are purchased under a specific brand name, the buyer expects the goods to be of a certain quality and meet certain standards associated with that brand.
- If the goods fail to meet the expected standards or if they are defective, the buyer can seek legal recourse against the seller or the brand.
- In this situation as well, the doctrine of Caveat Emptor does not apply because the buyer has relied on the reputation and quality associated with the brand, and any issues would be the responsibility of the seller or the brand.
Therefore, the correct answer is option 'D', which includes all of the above situations where the doctrine of Caveat Emptor does not apply.
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The doctrine of Caveat Emptor does not apply, whena)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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