Application of the Doctrine of ‘Caveat Emptor’ in Online Business: Legal Appraisal in Bangladesh

DOI: https://doi.org/10.59321/BAUETJ.V4I1.25

AUTHOR(S)
Md. Aminul Hoque Siddiqe1*, Mohammad Abdul Hannan2, Md. Reduanul Haque3

ABSTRACT
The principles regarding the doctrine of Caveat Emptor have become significantly relevant in the growing situation of E-commerce. So, to protect the rights of E-consumers in online transactions the necessity of amending provisions of section 16 of the Sale of Goods Act, 1930 on Caveat Emptor Principle and Exceptions and other pertinent legislations has turned into a telling issue. The article assesses Bangladeshi laws on goods sales for their adequacy in safeguarding E-consumer rights and protection. It specifically explores E-consumer rights concerning online-modifiable product descriptions and examines legislation’s role in countering deceptive marketing practices. The study focuses to emphasize the implementation of the Caveat Emptor and Caveat Venditor principle with a view to ameliorating the consumer protection mechanisms both in online and regular Sale of Contracts, more broadly, the overall interests of E-consumers in Bangladesh. Moreover, in this study it has been highlighted that the existing domestic laws widely lack the provisions on safeguarding the rights of E-consumers where online transaction have significantly expanded and gained immense popularity during the post COVID-19 period. At the same time, the legal doctrinal research method has been followed to conduct the study and find out suggestions to resolve the telling issues.

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