Caveat Emptor is a Latin word and in English, it is "let the buyer beware". It is a warning that notifies a buyer that the goods he or she is buying are "as it", or subject to all defects. Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for the ordinary purposes.
With Caveat Emptor, seller is not liable to disclose all the information of the product. The buyer must examine, judge, and test the product himself or herself before making the decision to purchase the product. Although Caveat Emptor may sound unfair to the buyer, this rule is not designed to protect the seller from any fraud or making any false statements on the quality and condition of the products that they intended to sell.
Usually, people use the phrase "caveat emptor" in eBay. eBay is an e-commerce model and buyer is not able to examine the products that they are interested in. Thus, it means buyers themselves have to be beware and aware of the quality of products that they are going to purchase.
Corresponding with caveat emptor, there are a number of implied conditions and warranties to protect the buyer. There are seven implied terms:
- Implied Condition as to Title
- Implied Warranty to Quiet Possession of the Goods
- Implied Warranty against Encumbrance of Charge
- Implied Condition on Sale by Description
- Implied condition of Fitness for Purpose
- Implied Condition of Merchantable Quality
- Implied Condition on the Sale by Sample
Opposite with the caveat emptor is the doctrine of caveat venditor. It is Latin for "let the seller beware". Despite the responsibilities imposed on buyers, sellers also have to bear the responbilities on goods to prevent themselves from being deceived. The case of MacPherson v. Buick Motor Co. (1916) is regarded as the origin of caveat venditor.
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