caveat emptor

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Caveat EmptorLet us now consider the doctrine of caveat emptor. Caveat emptorliterally means let the buyer beware. So, for instance, if a sellerhas displayed his goods in the open market, it would be duty ofthe buyer to inspect the goods before purchasing them. The seller is not bound to disclose the apparent or patent defects in hisgoods; it is the duty of the buyer to satisfy himself of their purposeand fitness. The seller of the goods cannot be held responsible forthe buyers choice of goods and purpose behind such purchase.Hence, if the buyer purchases the goods relying on his own skilland judgement, and the goods turn out to be defective, the sellerwould not be liable.Recall, this is in contrast to a scenario where the buyer relies onthe seller applying his skill and judgement in the course of the saleof goods. Further, the goods should be free of any latent defects,that is, defects that cannot be discovered by an ordinaryexamination of the goods.Kindly note that the implied conditions that we studied above areexceptions to the doctrine of caveat emptor as well. For instance,if goods are sold through description, the goods sold must matchthe description, and the buyer may avoid the contract if the goodsdo not match the description provided. Some of the otherexceptions to this doctrine are detailed below: The doctrine would not be applicable when the goods arebeing sold under misrepresentation or fraud. If the buyerrelies on such a seller, then the buyer would have the rightto repudiate the contract and claim damages;Further, when the goods are bought by description from aseller who ordinarily deals in goods of a particulardescription, then, in such a case, there is an impliedcondition that the goods shall be of that quality. However, itmay be important to note that this doctrine would not beapplicable if the buyer inspects the goods to hissatisfaction, where the defect was such that it would havebeen apparent even in case of an ordinary examination.