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Question

In a contract of sale, there is no implied condition as to quality or fitness for any particular purpose of goods supplied. According to which rule, it is the duty of buyer to see and satisfy whether the goods purchased will be suitable for his purpose or not?

The correct answer is
Caveat Emptor

Understanding the Buyer's Responsibility in a Contract of Sale

In a contract for the sale of goods, a fundamental principle often applies regarding the quality and fitness of the items being purchased. The question highlights that there is generally no implied condition from the seller guaranteeing the quality or suitability of the goods for a specific purpose.

The Principle of 'Caveat Emptor'

This situation directly relates to the legal doctrine of 'Caveat Emptor'. This Latin phrase translates to 'Let the buyer beware'.

According to the principle of Caveat Emptor:

  • It is primarily the duty of the buyer to examine the goods thoroughly before making a purchase.
  • The buyer must ensure that the goods they are buying are suitable for their intended purpose or meet the required standards of quality.
  • If the goods turn out to be unfit or defective after the sale, the buyer generally cannot hold the seller liable, provided the seller did not make any misrepresentations or fraudulent claims, and there are no specific implied warranties in play.

Applying 'Caveat Emptor' to the Question

The question states that there's no implied condition about quality or fitness. It asks about the rule where the duty of the buyer is to check if the goods are suitable. This perfectly describes the essence of Caveat Emptor.

Analyzing the Options

  • Express Condition: This refers to a specific stipulation explicitly agreed upon by both the buyer and the seller. It doesn't represent the general rule described.
  • Let the seller beware: This is the opposite of the principle in question. It implies the seller is responsible for the goods' quality.
  • Caveat Emptor: This directly translates to 'Let the buyer beware' and accurately reflects the rule that the buyer must satisfy themselves about the quality and fitness of the goods.
  • Contingent Warranty: This is a warranty whose validity or fulfillment depends on the occurrence of a specific event. It's not relevant to the buyer's general duty of inspection.

Therefore, the rule where it is the duty of the buyer to ensure the goods purchased will be suitable for their purpose, given the absence of implied conditions, is Caveat Emptor.

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Important Questions from Sales of goods act, 1930

  1. Which of the following are true statements relating to delivery of goods?
    (A). Delivery and payment are concurrent conditions.
    (B). Delivery may be actual, symbolic or constructive.
    (C). Delivery may be at any time of the day only.
    (D). Delivery of wrong quality
    Choose the correct answer from the options given below:
  2. Quality or fitness of goods for any particular purpose has no ............ .

  3. When transfer of property in goods is to take place at future time or subject to some conditions thereafter to be fulfilled, the contract is called:

  4. The ‘Part delivery’ under section 34 of the Sale of Goods Act, 1930 to be the ‘whole delivery’.

  5. A sale in market overt is an exception of :

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