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PRINCIPLE: Caveat emptor, i.e, ‘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? (Answer the question after reading the following paragraph.)

PRINCIPLE: Caveat emptor, i.e, ‘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? (Answer the question after reading the following paragraph.)

Directions:. Each question consists of legal propositions/ principles (hereinafter referred to as ‘principle’) and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the ‘most reasonable conclusion’ arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.

Option A: A’ (the buyer) would succeed in getting some remedy from ‘B’ (the seller)
Option B: A’ (the buyer) would not succeed in getting any remedy from ‘B’ (the seller)
Option C: A’ (the buyer) would succeed in getting refund from ‘B’ (the seller)
Option D: A’ (the buyer) would succeed in getting a different variety of cloth from ‘B’ (the seller), but not the refund.

Correct Answer

Option: b

Explanation

The doctrine of Caveat Emptor is an integral part of the Sale of Goods Act. It translates to “let the buyer beware”. This means it lays the responsibility of their choice on the buyer themselves.

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