CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Methods and Court System in India
A shopkeeper argues in court that a buyer who examined goods and chose them cannot later complain of defects that a reasonable inspection would have revealed. Which legal maxim best supports the shopkeeper's argument?
The maxim is caveat emptor, meaning let the buyer beware. It places on the buyer the duty to examine goods before purchase, so the seller is not liable for defects that a reasonable inspection would have revealed.
- ACaveat emptorCorrect
- BRes ipsa loquitur
- CActus non facit reum nisi mens sit rea
- DVolenti non fit injuria
Explanation
Caveat emptor means 'let the buyer beware', so the buyer must take care when selecting goods and cannot complain of defects discoverable on reasonable inspection. Res ipsa loquitur means the thing speaks for itself. The maxim about actus and mens rea concerns criminal intention. Volenti non fit injuria concerns voluntary assumption of risk.
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