Question

BUSINESS LAW

Alwi, a second-hand seller has exhibited his wares at the Cheap Sales Expo. Customers are allowed to view and check the condition of the goods before making any payment. However, after two days a customer came to see Alwi and wanted to return the item that he bought due to the item being of low quality.
Advise Alwi by providing the provisions from Sales of Goods Act 1957and ONE (1)relevant case.
(10 markah / marks)

Answer 1

Argument Alwi can make-

The Alwi could avoid the liability under the sales of goods contract on the basis of doctrine of Caveat emptor. As per doctrine of Caveat emptor, a buyer must buy goods only after satisfy himself of their quality and fitness. if he makes a bad to aise he can't blame the seller and claim damages. And also, The implied condition as to merchantability would not be applicable in case where the buyer has examined the goods and the defects which Such examination ought to have revealed.

Case law- Thornett & Fehr V. Beers & Sons (1919) 1 K.B. 486

It was held that the buyer, was given every facility for inspection of goods and defects could be revealed, But buyer does not makes proper examination, so the buyer had no remedy.