- 04/25/2019 at 1:58 pm #617012EduGorillaKeymasterSelect Question Language :
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the principle(s) and apply it/them to the given facts carefully and select the best option.
1. Caveat emptor, i.e. ‘let the buyer beware’ means that it is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought, and if the purchase does not live up to his expectations, then he alone is to blame and no one else.
2. Where the buyer makes known to the seller the particular purpose for which the goods are required, it is the duty of the seller to supply such goods as are reasonably fit for that purpose. If not, he can repudiate the contract and get the amount refunded.
Facts: For the purpose of a wedding function, ‘A’ bought pineapples from ‘B’ and disclosed to the seller (‘B’) the specific purpose of the said purchase. When the pineapples were served in fruit salad, everyone got severe cough and sore throat because that kind of pineapple was unfit for fruit salad. However, the pineapples were fit for a variety of other purposes (such as juice, smoothies etc.).
Applying the aforesaid principle, which of the following derivations is correct in regard to remedy available to ‘A’ in the given situation?
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- 'A' (the buyer) will succeed in getting some remedy from 'B' (the seller).
- 'A' (the buyer) will not succeed in getting any remedy from 'B' (the seller).
- 'A' (the buyer) will succeed in getting refund from 'B' (the seller).
- None of the above
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