Thursday, September 10, 2009

Caveat empter.

Caveat emptor:

This means let the buyer beware, in a contract of sale of goods the seller is under no duty to reveal unflating truths about the goods sold.therefore, when a person buyes some goods, he must examine them thoroughly, if the goods term out to be defective or do not suit his purpose or if he depends upon his own skill or judgement and makes a bad selection.

Exceptions:

The doctrine of coveat emptor his certain importance exceptions. The case law on these exceptions has already been discoused.

The exceptions are however briefly referred to-

1.fitness for buyers purpose:

Where the buyers, expressly or by implication, makes known to the seller the particular purpose for which he requires the goods and relies on the sellers skill or judgement and the goods are of a description which it is in the course of business.

2.sale under a patent or trade name:

In the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition that implied contract.

3.merchantable quality:

Where the goods are bought by the description from a seller who deals in goods of that description there is an implied condition that the goods shall be of marchantile quality.

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