Principle Caveat emptor ie lsquo let the buyer beware stands for the practical skill and judgment of...........

Legal Concepts Legal Phrase

Principle: Caveat emptor ie. ‘let the buyer beware; stands for the practical skill and judgment of the buyer in his choice of goods for purchase. It is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought and if the buy is not up to his expectations then he alone is to blame and no one else.

Facts: For the purpose of making uniform for the employees, “A” bought dark blue coloured cloth from ‘B’ but did not disclose to the seller (‘B’) the specific purpose of the said purchase.

When uniforms were prepared and used by the employees the cloth was found unfit. However, the cloth was fit for a variety of other purposes (such as, making caps. boots and carriage lining. etc). Applying the afore-stated principle.

Which of the following derivations is CORRECT as regards remedy available to ‘A’ in the given situation?

‘A’ (the buyer) would succeed in getting some remedy from ‘B’ (the seller)

‘A’ (the buyer) would not succeed in getting any remedy from ‘B’ (the seller)

‘A’ (the buyer) would succeed in getting refund from ‘B’ (the seller)

‘A’ (the buyer) would succeed in getting a different variety of cloth from ‘B’ (the seller). But not the refund

Explanation:

As per the principle the burden of being judicious while selecting a cloth for the purpose of uniforms lay with the buyer, which is Ain this case. Moreover B is not at fault in any case as Bwas neither informed by A nor was there any other way in which he could know that A was looking specifically for a cloth fit for sewing uniforms. It was A’s duty to enquire about such fitness of the cloth.