LectureLoading…

From caveat emptor to caveat venditor; product liability under Chapter VI

LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit IV: Shift from caveat emptor to caveat venditor. · LLB · 60 min

The maxim caveat emptor, its statement in s. 16 of the Sale of Goods Act 1930 and its exceptions; why it declined in a market of mass-produced, packaged and advertised goods; the rise of caveat venditor through implied conditions, Donoghue v. Stevenson, standards legislation and consumer law; and the product liability regime of Chapter VI of the Consumer Protection Act 2019 (ss. 82-87: the action, liability of the product manufacturer, service provider and seller, and the exceptions). It answers the questions on caveat emptor (2019-20, 2024-25), the shift to caveat venditor (2022-23, 2025-26) and product liability (2023-24).

Objectives

Slides

  1. Caveat emptor: meaning and origin
  2. The rule in Indian law: s. 16 Sale of Goods Act 1930 and its exceptions
  3. Why caveat emptor declined
  4. Caveat venditor: let the seller beware
  5. Caveat emptor and caveat venditor compared
  6. The tort root: Donoghue v. Stevenson
  7. Product liability: the definitions
  8. The action and the liability of the product manufacturer: ss. 82-84
  9. Product service provider and product seller: ss. 85-86
  10. Exceptions: s. 87
  11. Product liability in India before and after 2019

Loading the lecture…