AREA: CAVEAT EMPTOR
FACTS:
In this case, certain pigs were sold by auction ‘with all faults.’ The pigs were suffering from typhoid fever and all of them but one died. They also infected a few of the buyer’s own pigs.
ISSUE:
Was the Seller under any obligation to disclose the fact of pigs being infected with typhoid?
JUDGMENT:
The House of Lords held that if a seller uses artifice or disguise to conceal the defects in the product which is to be sold, it would amount to fraud on the part of the buyer;
Still seller has no duty to disclose the defects in the product to the buyer,
This is by virtue of the doctrine of caveat emptor which obligates the buyer to use care and skill while purchasing goods.
Commenti