Introduction Of Law: Reforming

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

Introduction Of Law: Reforming

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

Introduction Of Law: Reforming

198 Downloads7 Pages / 1,639 Words

1.  Identification of a chosen law to change or reform 2.  The benefits of the chosen law 3.  The drawbacks of the chosen law 4.  Why you feel it needs changing (or reforming)?

Analyzing the Law of caveat emptor:
The rule of caveat emptor denotes let the buyer be aware. This rule signifies that every buyer should be aware of thing he is going to buy. The term caveat came from the Latin term cevere which means beware and the Latin term emptor means buyer, together it becomes beware buyer (Downie, 2011). Generally the rule of caveat emptor was applicable upon the real properties but as per the time passes the concept of the rule of caveat emptor has been changed, now this doctrine is applicable to the process of selling the goods also. Most of the time the buyer of a good has less information regarding the goods in comparison to the seller, in other words the seller knows more than the buyers in relation to the goods which are going to be sold. Under this prospect the beneficiary points of the concept of caveat emptor as well as the points which causing damage to the concern procedure and the factors in relation to the concept of the caveat emptor should have been changed. In this context all the necessary factors of the concept of the caveat emptor are going to be elaborated (Perenyi, 2012).  
Benefits of the doctrine of caveat emptor:
Under this doctrine the awareness from the part of the buyer has been imposed, according to the principals of caveat emptor the buyer has the right to inspect the goods what he is going to purchase, to the extent of his satisfaction before purchasing the goods, provided the purchaser in the course of the inspection is not authorized to do anything which may cause damage to the goods. The buyer of the goods can check the goods regarding its quality, reliability, composition etc (McCalmont, 2012).
The buyer is empowered to check the quality of the goods as whether the quality of the goods matches the purpose or criteria of the purchaser. The buyer should verify the quality of the thing which he is going to buy.
This is the right of the buyer to know the defects and drawbacks of the goods which is to be purchased by him. The buyer should be aware of the facts relating to the defects of the goods on sale (GARDNER, 2007).  
Under this concept the buyer may compel the seller of the goods to disclose all the facts relating to the goods in concern. The buyer has the right to know all the facts regarding the goods which he is going to buy, and for this purpose the seller has to disclose the necessary facts to the purchaser, it is an implication under the contract of sale.
Many courts with competent jurisdiction throughout the territory of the United Kingdom has recognized the doctrine of caveat emptor, as to its applicability in spite of the fact that it has modified some of the parts of it’s principal, but the basic concept remains the same.
The doctrine of caveat emptor draws an outline which helps the courts in relation to decide the scope of the buyer as to inspect the goods in sale (Tiemann, 2010).
Under this concept it is recognized by the courts that if the seller deceit the buyer in the course of the sale then the buyer has the right to take necessary legal action against the seller (GREEN, 2009).  
In the case of Chandelor Vs Lopus, the situation is specifically illustrated the doctrine of the caveat emptor, here the plaintiff files a suit against the defendant in relation to the sale of a Bezoar stone, this stone is generally found in the stomach of some kind of animals. The majority of the court held the defendant to be liable in spite of the fact that there is no document relating to warranty. 
Drawbacks of the law:
Under this doctrine the buyer always have the upper hand in the course of a sale of goods, because of that the buyer sometime may falsely implicate a legal action against a seller, by virtue of that the procedure of selling of further articles or the market of goods may be hampered. Dick Betley Productions LTD. V Smith 9 Motors) LTD. (1965), the court has observed that if the seller is in the better position as to the knowledge of the car which is to be sold to the plaintiff, as it is not possible for the buyer to k now about the actual kilometres run by the concern car, that can be known by the words of the seller of that car who knows better regarding the car, so the defendant is liable for his act. But how the buyer knew about the actual kilometres run by the car has not been disclosed by the buyer, if he could do so the why did not he did it before, at the time of purchasing the car and asked the seller to clarify the fact in issue (DICK BETLEY PRODUCTIONS LTD. V SMITH 9 MOTORS) LTD. (1965), [1965]).
This doctrine sometime puts over burden upon the shoulders of the buyer, as it is not possible for the buyer to inspect the goods all the time or the buyer cannot get all the right information regarding goods without believing the words of the seller. Under those circumstances the buyer has to rely on the seller then the doctrine does not even helps the buyer if he gets deceived. In the case of Ecay v Godfrey, the seller has said the buyer to inspect the boat which is going to be sold but the buyer has not inspected and the boat was defected, so the seller had no ground of deceiving the buyer.
The scope under this doctrine is very narrow it does not cover all the circumstances which may appear in the course of a sale, as it is to be remembered that all the conditions of a sale are not the same (Kluge, 2008).  
A specific statute relating to the process of sale would be more beneficiary for the legal phenomena as well as the buyer and seller relationship. In the case of Bannerman V White it was observed that in spite of disclosing the fact that the buyer would not make any trouble in price, even if sulphur has been used in the goods, but the buyer has been deceived by the seller (Perel, 2009).  
In the case of Randall v. Newson, it is observed that if the contract of sale has been done by way of description then there shall be an implied warranty regarding the conformity of the goods sold.
The court of law has recognized the concept of non written warranty in a sale of goods under the doctrine of caveat emptor in the case of John v. Bright. The buyer does not have to acquire any written warranty from the seller of the goods.
According to my opinion the rule of the doctrine of caveat emptor required a few changes in its applicability. As the doctrine is very much ancient in nature and the scope of the doctrine is quite narrow in comparison to the situations of the present society (Godlee, 2007). The doctrine should enhance its ideology as to its implementation to the legal phenomena. In many famous cases the court has mentioned about the requirement in relation to the enhance character of the doctrine, just like in the case of Barr v. Gibson, the court of law has mentioned about the applicability of the principals of caveat emptor. In the case of Schawel v Reade, the buyer told the seller that he is going to use horse which he is buying in studs, but the seller deceived him by saying to believe his words regarding the horse and described the horse as perfectly all right but the horse had some hereditary problems in the vision.  In the case of Hutton V Warren (1836), the plaintiff was a farmer in field of the defendant and he grows crops in that particular field but before cutting the crops the agreement for tenancy of the land has been terminated, the plaintiff had to suffer from unwanted situation (HUTTON V WARREN, [1836])
The main change needs in the said doctrine is in the applicability, as in earlier time it was originated for the purpose of real properties or immovable properties but now it is also applicable to the movable properties. The principals of the doctrine must be specific.
There is some kind of ambiguity regarding the enforceability of all the principals of the doctrine. The major along with the minor principals of the doctrine must be summarized in a proper form and it applicability must be specific. As in the case of D’mello v Loughborough, a student has suffered by the act of the university regarding the specific course of study which was mentioned in prospectus of the university.
It should impose obligations equally among the buyer and the seller, but it imposes obligation only upon the seller, buyer should also be admitted within the purview of the doctrine.
Downie, R. (2011). Caveat emptor. New York: Bloomsbury USA.
Godlee, F. (2007). Caveat emptor. BMJ, 334(7597), pp.0-0.
GREEN, J. (2009). Caveat emptor. Critical Quarterly, 51(3), pp.105-110.
Kluge, A. (2008). Caveat emptor. Cladistics, 24(4), pp.623-624.
McCalmont, T. (2012). Caveat emptor. Journal of Cutaneous Pathology, 39(5), pp.479-480.
Perel, M. (2009). Caveat Emptor. Implant Dentistry, 18(2), p.97.
Perenyi, K. (2012). Caveat emptor. New York: Pegasus Books.
Tiemann, K. (2010). Caveat Emptor. Humanity & Society, 34(4), pp.299-300.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 7 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2016). Introduction Of Law: Reforming. Retrieved from

“Introduction Of Law: Reforming.” My Assignment Help, 2016,

My Assignment Help (2016) Introduction Of Law: Reforming [Online]. Available from:[Accessed 19 December 2021].

My Assignment Help. ‘Introduction Of Law: Reforming’ (My Assignment Help, 2016) accessed 19 December 2021.

My Assignment Help. Introduction Of Law: Reforming [Internet]. My Assignment Help. 2016 [cited 19 December 2021]. Available from:

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.


Password: delivers assignment help to millions of students of USA. We have in-house teams of assignment writers who are experts on wide ranges of subjects. We have appointed teams of native writers who provide assignment help to students in New York City and all over the USA. They are skilled assignment writers who successfully cater to search terms like do my assignment in the USA

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog