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Mohini Pandey   05 September 2024

Caveat emptor

Tanesh , a young professional looking for a reliable car, finds an attractive second-hand

vehicle listed online by a private seller named Mohan. The car appears to be in great

condition, with no visible damage, and Mohan assures Tanesh that it runs perfectly. Trusting

Mohan’s word, Tanesh buys the car without having it inspected by a mechanic. For the first

week, the car seems to be running smoothly. However, just a few days later, it breaks down

unexpectedly. After taking it to a mechanic, Tanesh discovers that the car has significant

engine problems that will require costly repairs.

Frustrated and feeling misled, Tanesh contacts Mohan to request a refund, arguing that

Mohan sold him a faulty car. Mohan, however, refuses, citing the principle of Caveat Emptor,

which means “let the buyer beware.” Mohan argues that it was Tom’s responsibility to

thoroughly inspect the car before purchasing it, and since Tanesh chose not to, the risk of any

hidden defects falls on him. Under the principle of Caveat Emptor (“let the buyer beware”),

can Tanesh hold Mohan responsible for selling a faulty car? What could Tanesh have done

differently to protect himself in this transaction?



Learning

 1 Replies

sanjeev murthy desai (Advocate)     07 October 2024

Is there any agreement existed or is there any warranty existed? 

If  written agreement existed between them, kindly look into the all the clauses of the agreement.


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