Question

Principle: Caveat emptor, i.e., 'let the buyer beware' stands for the practical skill 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 buyer is not up to his expectations, then he alone is to blame and no one else.

Facts: For the purpose of making a 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?

पर्याय

• '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 a 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

Answer 1

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

Explanation:

The principle of caveat emptor is given under Section 148-A of the civil procedure code, which states that 'let the buyer beware', stands for the practical skill and judgment of the buyer in his choice of goods for purchase. In the given case, A (buyer) would not succeed in getting any remedy from B (seller), because it was A's duty and responsibility to disclose the seller the specific purpose of the said purchase.