Doctrine of Caveat

Emptor

The maxim of Caveat Emptor means

let the buyer beware. According to the

doctrine of Caveat Emptor It is the duty
of the buyer to be careful while
purchasing goods of his requirement
and, in the absence of any enquiry from
the buyer, the seller is not bound to
disclose every defect in goods of
which he may be aware.

Salient features of the doctrine

It is the duty of the buyer to examine the

goods to his satisfaction before he buys

them.
When a buyer discovers some defects in
goods after buying,the seller is not liable for
such defects.
It is the duty of the buyer not to take a
chance but to take care and examine the

Salient features of the doctrine

goods before he buys them.
It should noted that seller is not responsible if the
goods are not suitable for the object for which
they have been purchased.
The sellers liability arises only when there are
latent defects in goods which were not apparent at
the time of purchase.
Unless there is an agreement to the contrary,the
risk involved in a purchase is of the buyer.

Key points for the buyer

The buyer should ask for the

invoice,payment receipt and guarantee card.

The buyer should read all the instructions
carefully written on the label of the product
before use.
The buyer should be aware of availability of
similar goods in the market.
The buyer should be aware of the risks
involved in the use of the product.

Key points for the buyer

The buyer should buy ISI mark goods and

other certified goods.

The buyer should be fair in dealing with the
seller.
The buyer should abide by the terms and
conditions of the contract with seller.
The buyer should raise his voice against
complaint about goods at proper forum.

Exception to doctrine of caveat

emptor
Where the buyer relies on the skill and

judgement of the seller.

Fitness for a particular purpose.
Sale by description
Sale by fraud
Latent defects

Concept of caveat venditor

caveat venditor - Latin for "let the

seller beware." It refers to the sale of

something of value in which the
seller does not disclaim
responsibility prior to the sale. In this
situation, the seller assumes liability
to the buyer for any deviations from
the specifications stated in the
written sales contract.

Key points of doctrine of caveat

venditor
The seller must have knowledge of implied

conditions and warranties.

The seller will be able for loss on account of
sale,if the goods do not come up to the
standard required by law even though he
has taken all possible care.
The seller must disclose all the facts about
the product in order to avoid dispute.

Key points of doctrine of caveat

venditor
The seller should not use fraud tactics for

selling the goods.

The seller is responsible for such defects
which are not apparent to a person of
normal intelligence.

Consumer sovereignty
Consumer sovereignty means that

buyers ultimately determine which

goods and services remain in
production. While businesses can
produce and attempt to sell whatever
goods they choose, if the goods fail to
satisfy the wants and needs, consumers
decide not to buy. If the consumers do
not buy, the businesses do not sell and
the goods are not produced.