The Path to a Greener Future: Understanding Sustainable Development In an era where environmental challenges and resource depletion are becoming increasingly evident, the concept of sustainable development has gained significant importance. Sustainable development aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. This blog post will explore the principles, goals, and strategies of sustainable development, highlighting its critical role in ensuring a balanced and healthy future for our planet. "Transforming our world: The path to sustainable development." What is Sustainable Development? Sustainable development is a holistic approach that integrates economic growth, environmental protection, and social equity. It seeks to create a harmonious relationship between human activities and the natural world, ensuring that resources are used efficiently and responsibly. Definition: The most widely recognized de...
‘Caveat Emptor’ means “Let the Buyer Beware”. The Doctrine of Caveat Emptor states that when the buyer was given a chance of examining the goods but he did not examine them, in fact relied on his own skill and judgement and makes a bad selection then he cannot blame anybody except himself.
For example: Raju picks up a shampoo from a departmental store along with the other articles that he bought from there. Later after using that shampoo he developed infection on his scalp as he had bought the shampoo for curing blisters on his scalp which he never mentioned to the seller. Held, Raju was himself liable therefore, he could not sue the seller for the losses that he suffered.
EXCEPTIONS TO THE RULE
The law of Caveat Emptor has certain exceptions, where in the seller shall stand liable for losses suffered by the buyer.
1. Where the buyer makes the purpose known to seller: Where the buyer make the seller know the particular purpose for which the buyer requires the goods and relies on the skill and judgement of the seller, then it becomes the duty of the seller to provide the goods which are suitable for the buyer’s purpose.
For example: An order was placed for some cart horses to be used for carriage purposes. The horses supplied were race horses unfit for carriage. Held, seller is liable as he knows the purpose of horses.
2. Merchantable quality: There is an implied condition, that the goods should be of merchantable quality i.e. if there is any defect in the goods, then seller shall be liable.
For example: ‘S’ bought milk which contained germs of typhoid. ‘S’ develop typhoid after consuming the milk. Held, he can make the seller liable as the milk was unfit for consumption or was not merchantable.
3. Sale of an article under a Patent or Trade mark: Where the buyer demands a product of specific patent or a trademarked product and does not rely on the judgement of the seller and subsequently suffer some loss, then the buyer cannot hold the seller liable, but under few circumstances the seller shall stand liable.
For example: A buyer asks a seller for an article which will fulfil some particular purpose. The seller in response sells an article with a well-known trade name the buyer suffer loss subsequently, the seller is liable because although the product was sold under a trade name but buyer relied on judgement of seller.
4. Consent by fraud: Where the consent of the buyer was obtained by fraud of the seller, and the buyer suffer any loss then seller shall be liable.
5. Usage of trade: An implied condition as to quality or fitness for a particular purpose may be annexed by usage of trade.
6. Where the seller conceals a latent defect: A latent defect is a defect which cannot be revealed with ordinary examination of the goods. Where a seller concealed a latent defect of the goods while selling goods to the buyer and the buyer subsequently suffered loss due to that latent defect, then in such situations, the rule of CAVEAT EMPTOR does not apply. Therefore, the seller is held liable for the latent defect.
For example: A seller sold 50 wooden almirahs to a buyer. The buyer examines it before purchasing but later buyer found that the almirahs were effected by termites and were unfit for use. Held, the seller was liable because the defect was latent and not patent that could be discovered on ordinary examination.
For example: Raju picks up a shampoo from a departmental store along with the other articles that he bought from there. Later after using that shampoo he developed infection on his scalp as he had bought the shampoo for curing blisters on his scalp which he never mentioned to the seller. Held, Raju was himself liable therefore, he could not sue the seller for the losses that he suffered.
EXCEPTIONS TO THE RULE
The law of Caveat Emptor has certain exceptions, where in the seller shall stand liable for losses suffered by the buyer.
1. Where the buyer makes the purpose known to seller: Where the buyer make the seller know the particular purpose for which the buyer requires the goods and relies on the skill and judgement of the seller, then it becomes the duty of the seller to provide the goods which are suitable for the buyer’s purpose.
For example: An order was placed for some cart horses to be used for carriage purposes. The horses supplied were race horses unfit for carriage. Held, seller is liable as he knows the purpose of horses.
2. Merchantable quality: There is an implied condition, that the goods should be of merchantable quality i.e. if there is any defect in the goods, then seller shall be liable.
For example: ‘S’ bought milk which contained germs of typhoid. ‘S’ develop typhoid after consuming the milk. Held, he can make the seller liable as the milk was unfit for consumption or was not merchantable.
3. Sale of an article under a Patent or Trade mark: Where the buyer demands a product of specific patent or a trademarked product and does not rely on the judgement of the seller and subsequently suffer some loss, then the buyer cannot hold the seller liable, but under few circumstances the seller shall stand liable.
For example: A buyer asks a seller for an article which will fulfil some particular purpose. The seller in response sells an article with a well-known trade name the buyer suffer loss subsequently, the seller is liable because although the product was sold under a trade name but buyer relied on judgement of seller.
4. Consent by fraud: Where the consent of the buyer was obtained by fraud of the seller, and the buyer suffer any loss then seller shall be liable.
5. Usage of trade: An implied condition as to quality or fitness for a particular purpose may be annexed by usage of trade.
6. Where the seller conceals a latent defect: A latent defect is a defect which cannot be revealed with ordinary examination of the goods. Where a seller concealed a latent defect of the goods while selling goods to the buyer and the buyer subsequently suffered loss due to that latent defect, then in such situations, the rule of CAVEAT EMPTOR does not apply. Therefore, the seller is held liable for the latent defect.
For example: A seller sold 50 wooden almirahs to a buyer. The buyer examines it before purchasing but later buyer found that the almirahs were effected by termites and were unfit for use. Held, the seller was liable because the defect was latent and not patent that could be discovered on ordinary examination.
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