caveat emptor

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Related to Let the buyer beware: Cave emptor, Caveat venditor

Caveat Emptor

[Latin, Let the buyer beware.] A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects.

When a sale is subject to this warning the purchaser assumes the risk that the product might be either defective or unsuitable to his or her needs.This rule is not designed to shield sellers who engage in Fraud or bad faith dealing by making false or misleading representations about the quality or condition of a particular product. It merely summarizes the concept that a purchaser must examine, judge, and test a product considered for purchase himself or herself.

The modern trend in laws protecting consumers, however, has minimized the importance of this rule. Although the buyer is still required to make a reasonable inspection of goods upon purchase, increased responsibilities have been placed upon the seller, and the doctrine of caveat venditor (Latin for "let the seller beware") has become more prevalent. Generally, there is a legal presumption that a seller makes certain warranties unless the buyer and the seller agree otherwise. One such Warranty is the Implied Warranty of merchantability. If a person buys soap, for example, there is an implied warranty that it will clean; if a person buys skis, there is an implied warranty that they will be safe to use on the slopes.

A seller who is in the business of regularly selling a particular type of goods has still greater responsibilities in dealing with an average customer. A person purchasing antiques from an antique dealer, or jewelry from a jeweler, is justified in his or her reliance on the expertise of the seller.

If both the buyer and the seller are negotiating from equal bargaining positions, however, the doctrine of caveat emptor would apply.


Consumer Protection; Sales Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

caveat emptor

(kah-vee-ott emptor) Latin for "let the buyer beware." The basic premise that the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is "as is" or when a defect is obvious upon reasonable inspection before purchase. Since implied warranties (assumed quality of goods) and consumer protections have come upon the legal landscape, the seller is held to a higher standard of disclosure than "buyer beware" and has responsibility for defects which could not be noted by casual inspection (particularly since modern devices cannot be tested except by use, and so many products are pre-packaged). (See: consumer protection laws)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

caveat emptor

‘let the buyer beware’, no longer an accurate statement of the law unless very fully qualified. In relation to immoveable or heritable property, it is still a guiding general principle, the terms of the contract between the parties tending to resolve many common problems. In relation to the sale of moveable corporeal property or goods, there are implied terms that in some cases cannot be excluded even by the agreement of the parties and others that may be excluded only if it is fair and reasonable to do so. See e.g. QUALITY.
Collins Dictionary of Law © W.J. Stewart, 2006

CAVEAT EMPTOR. Let the purchaser take heed; that is, let him see to it, that the title he is buying is good. This is a rule of the common law, applicable to the sale and purchase of lands and other real estate. If the purchaser pay the consideration money, he cannot, as a general rule, recover it back after the deed has been executed; except in cases of fraud, or by force of some covenant in the deed which has been broken. The purchaser,if he fears a defect of title, has it in his power to protect himself by proper covenants, and if he fails to do so, the law provides for him no remedy. Cro. Jac. 197; 1 Salk. 211 Doug. 630, 654; 1 Serg. & R. 52, 53, 445. This rule is discussed with ability in Rawle on Covenants for Title, p. 458, et seq. c. 13, and the leading authorities collected. See also 2 Kent, Com. Lect. 39, p. 478; 2 Bl. Com. 451; 1 Stor, Eq. Sec. 212 6 Ves. 678; 10 Ves. 505; 3 Cranch, 270; 2 Day, R. 128; Sugd. Vend. 221 1 Bouv. Inst. n. 954-5.
     2. This rule has been severely assailed, as being the instrument of falsehood and fraud; but it is too well established to be disregarded. Coop., Just. 611, n. See 8 Watts, 308, 309.

Caveat emptor. Let the purchaser beware.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
In the case at hand, Coke's view would leave Oxford with nothing but the admonition to let the buyer beware; the common law had decided on title and no hardship to the earl or discreditable motive on the part of Gouge was to be considered.
Other than wishing and rewarding those who earn our trust with our patronage, there is not much an individual can do except remember the sagest advice: Let the buyer beware. If you really care about accuracy in what you read and see, then you must not only demand it, but work at it.
2 For instance, the professions were gaining in power in the 1830s, when Victorian clients needed independent advice to cope with the principle of caveat emptor (let the buyer beware) adopted by rampaging capitalist industry.
"Let the buyer beware" is still a useful slogan for any and all transactions, including the buying of answers to business management problems.
Chicago metalworking veteran Nick Bloom created Techspex On-Line to help CNC-machine-tool-buyers take the caveat out of the expression "Caveat emptor" - Let the buyer beware.
Another popular maxim of Social Darwinism was caveat emptor--"let the buyer beware." Today it is not only buyers who must beware, but anyone who breathes the air or drinks the water.
As for other products, let the buyer beware! Oreo cookies, for example, claim "low saturated fat." However, they fail to tell you that for every gram of saturated fat, they also provide you with two more grams of trans fat.
Jefferson White reconstructs patterns of receptivity and resistance to the commercial law maxim caveat emptor ("let the buyer beware") in the several state courts during the early nineteenth century.
In sum, the Latin phrase caveat emptor (let the buyer beware) is no longer applicable to protect the seller.
Which basically invokes caveat emptor: let the buyer beware.
ANSWERS: 1 South America; 2 Let the buyer beware; 3 KLM; 4 Thirty; 5 A squint; 6 Billy Bunter; 7 John Lennon; 8 To fund the war against France; 9 Gothika; 10 He developed the first practical TV camera.

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