THE SHIFTING PARADIGM: FROM CAVEAT EMPTOR TO CAVEAT VENDITOR

AUTHOR – SARRAH NAYAR, STUDENT OF LAW AT VES COLLEGE OF LAW, UNIVERSITY OF MUMBAI

BEST CITATION – SARRAH NAYAR, THE SHIFTING PARADIGM: FROM CAVEAT EMPTOR TO CAVEAT VENDITOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 98-105, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The doctrine of caveat emptor, which puts the onus on the buyer to examine goods before purchase, has seen a steady erosion in modern commerce. As transactions grow more complex, there is a discernible shift towards caveat venditor – where sellers have an ethical and legal obligation to disclose all material facts about their products to facilitate informed buyer decisions. This evolution is reflected in statutory provisions like the Sale of Goods Act, 1930 and the Consumer Protection Act, 2019 in India, which impose liabilities on sellers for defective goods or misleading representations. Case laws too recognize the seller’s duty of due diligence and full disclosure, with silence or concealment amounting to fraud. The transition signals diminishing relevance of caveat emptor in favour of greater consumer protection by mandating transparency from sellers. However, it does not absolve buyers from reasonable examination of goods. The shift balances the inherent asymmetry between buyers and sellers, promoting fairness and nurturing confidence in commercial transactions.

KEYWORDS: Caveat Emptor, Caveat Venditor, Contract, Sale of Goods Act