Relocating responsibility: evolving from caveat emptor to caveat venditor vis-à-vis the Indian sale of goods act

Tulsyan, Aryan (2022) Relocating responsibility: evolving from caveat emptor to caveat venditor vis-à-vis the Indian sale of goods act. National Journal for Legal Research and Innovative Ideas, 2 (2). pp. 43-49. ISSN 2582-8665

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Abstract

In the modern consumerist world, the consumer is ‘King’1 . In this world, a legal obligation upon the buyers to exercise excessive caution to protect themselves from being defrauded by sellers would be far from beneficial for the flourishment of trade and commerce. This doctrine, caveat emptor, seeks the buyer to beware of the purchases they make. With the advent of such modernization and industrialization, there was a call for the formulation of a legal principle which would protect the buyers without imposing unreasonable responsibility upon them. This lacuna was filled by caveat venditor, which transferred the responsibility to the sellers to beware. In a common law country like India, it would be impossible to ‘replace’ one principle with another.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 12 Jun 2023 04:53
Last Modified: 12 Jun 2023 04:53
URI: https://pure.jgu.edu.in/id/eprint/6138

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