The doctrine of Caveat Emptor is, however, subject to the following exceptions: 1. Fitness as to quality or use: Where the buyer makes known to the seller the
particular purpose for which the goods are required, so as to show that he
relies on the seller’s skill or judgment and the goods are of a description
which is in the course of seller’s business to supply, it is the duty of the seller
to supply such goods as are reasonably fit for that purpose [Section 16 (1)].
2. Goods purchased under patent or brand name: In case where the goods are
purchased under its patent name or brand name, there is no implied condition
that the goods shall be fit for any particular purpose [Section 16(1)].
3. Goods sold by description: Where the goods are sold by description there is
an implied condition that the goods shall correspond with the description
[Section 15]. If it is not so then seller is responsible.
4. Goods of Merchantable Quality: Where the goods are bought by description
from a seller who deals in goods of that description there is an implied
condition that the goods shall be of merchantable quality. The rule of Caveat
Emptor is not applicable. But where the buyer has examined the goods this
rule shall apply if the defects were such which ought to have not been
revealed by ordinary examination [Section 16(2)].
5. Sale by sample: Where the goods are bought by sample, this rule of Caveat
Emptor does not apply if the bulk does not correspond with the sample