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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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Verified Answer
The doctrine of Caveat Emptor does not apply, whena)the goods are boug...
Consent by fraud or concealment
When the consent of the buyer in a contract of sale, is obtained by the seller by fraud or when the seller knowingly conceals the defect, which could not be discovered on a reasonable examination (i.e., there is some latent defect), the doctrine of caveat emptor does not apply.
Most Upvoted Answer
The doctrine of Caveat Emptor does not apply, whena)the goods are boug...
The correct answer is (d) all of the above.
Caveat Emptor, which means "let the buyer beware," is a legal principle that places the responsibility on the buyer to ensure that the goods they are purchasing meet their expectations. However, there are certain situations where the doctrine of Caveat Emptor does not apply. These include when:
1. The goods are bought by sample:
- When a buyer purchases goods based on a sample provided by the seller, the buyer has the right to expect that the goods delivered will match the quality and characteristics of the sample. If the goods do not match the sample, the buyer may have remedies against the seller for breach of contract or misrepresentation.
2. The goods are bought by sample as well as description:
- In this case, the buyer is purchasing goods based on both a sample and a description provided by the seller. The doctrine of Caveat Emptor does not apply because the buyer has the right to expect that the goods delivered will match both the sample and the description. If the goods do not meet these expectations, the buyer may have remedies against the seller.
3. The goods are purchased under its brand name:
- When a buyer purchases goods under a specific brand name, they have the right to expect that the goods will have the quality and characteristics associated with that brand. If the goods do not meet the expectations associated with the brand, the buyer may have remedies against the seller for breach of contract or misrepresentation.
In conclusion, the doctrine of Caveat Emptor does not apply in situations where the goods are bought by sample, bought by sample as well as description, or purchased under a specific brand name. In these cases, the buyer has the right to expect that the goods will meet certain expectations, and if they do not, the buyer may have remedies against the seller.
Caveat Emptor, which means "let the buyer beware," is a legal principle that places the responsibility on the buyer to ensure that the goods they are purchasing meet their expectations. However, there are certain situations where the doctrine of Caveat Emptor does not apply. These include when:
1. The goods are bought by sample:
- When a buyer purchases goods based on a sample provided by the seller, the buyer has the right to expect that the goods delivered will match the quality and characteristics of the sample. If the goods do not match the sample, the buyer may have remedies against the seller for breach of contract or misrepresentation.
2. The goods are bought by sample as well as description:
- In this case, the buyer is purchasing goods based on both a sample and a description provided by the seller. The doctrine of Caveat Emptor does not apply because the buyer has the right to expect that the goods delivered will match both the sample and the description. If the goods do not meet these expectations, the buyer may have remedies against the seller.
3. The goods are purchased under its brand name:
- When a buyer purchases goods under a specific brand name, they have the right to expect that the goods will have the quality and characteristics associated with that brand. If the goods do not meet the expectations associated with the brand, the buyer may have remedies against the seller for breach of contract or misrepresentation.
In conclusion, the doctrine of Caveat Emptor does not apply in situations where the goods are bought by sample, bought by sample as well as description, or purchased under a specific brand name. In these cases, the buyer has the right to expect that the goods will meet certain expectations, and if they do not, the buyer may have remedies against the seller.
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The doctrine of Caveat Emptor does not apply, whena)the goods are boug...
Explanation:
Doctrine of Caveat Emptor:
The doctrine of Caveat Emptor means "let the buyer beware." Under this doctrine, the buyer is responsible for checking the quality and suitability of goods before making a purchase. The seller does not have to disclose any defects unless asked specifically.
Exceptions to Caveat Emptor:
There are exceptions to the doctrine of Caveat Emptor, where the buyer is protected even without actively investigating the goods.
a) The goods are bought by sample:
When goods are bought by sample, the buyer is protected from defects that are not apparent in the sample. The seller must ensure that the actual goods match the sample provided.
b) The goods are bought by sample as well as description:
If the goods are bought by sample as well as description, the buyer can rely on both the sample and the description provided by the seller. In this case, the buyer is protected from any discrepancies between the actual goods and the sample or description.
c) The goods are purchased under its brand name:
When goods are purchased under their brand name, the buyer expects a certain level of quality and performance associated with that brand. If the goods do not meet the expected standards, the buyer may have legal recourse against the seller.
d) All of the above:
In all the above cases, the doctrine of Caveat Emptor does not apply, and the buyer is protected from undisclosed defects or discrepancies in the goods purchased.
In conclusion, while the doctrine of Caveat Emptor places the responsibility on the buyer to inspect goods before purchase, there are exceptions where the buyer is protected without active investigation. It is important for buyers to be aware of these exceptions to ensure they are not taken advantage of in a transaction.
Doctrine of Caveat Emptor:
The doctrine of Caveat Emptor means "let the buyer beware." Under this doctrine, the buyer is responsible for checking the quality and suitability of goods before making a purchase. The seller does not have to disclose any defects unless asked specifically.
Exceptions to Caveat Emptor:
There are exceptions to the doctrine of Caveat Emptor, where the buyer is protected even without actively investigating the goods.
a) The goods are bought by sample:
When goods are bought by sample, the buyer is protected from defects that are not apparent in the sample. The seller must ensure that the actual goods match the sample provided.
b) The goods are bought by sample as well as description:
If the goods are bought by sample as well as description, the buyer can rely on both the sample and the description provided by the seller. In this case, the buyer is protected from any discrepancies between the actual goods and the sample or description.
c) The goods are purchased under its brand name:
When goods are purchased under their brand name, the buyer expects a certain level of quality and performance associated with that brand. If the goods do not meet the expected standards, the buyer may have legal recourse against the seller.
d) All of the above:
In all the above cases, the doctrine of Caveat Emptor does not apply, and the buyer is protected from undisclosed defects or discrepancies in the goods purchased.
In conclusion, while the doctrine of Caveat Emptor places the responsibility on the buyer to inspect goods before purchase, there are exceptions where the buyer is protected without active investigation. It is important for buyers to be aware of these exceptions to ensure they are not taken advantage of in a transaction.
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The doctrine of Caveat Emptor does not apply, whena)the goods are bought by sampleb)the goods are bought by sample as well as descriptionc)the goods are purchased under its brand named)all of the aboveCorrect answer is option 'D'. Can you explain this answer?
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