The Inception of Caveat Venditor Doctrine in Sales Law of Pakistan : The Inception of Caveat Venditor Doctrine in Sales Law of Pakistan

Syed  Mudasser  Fida Gardazi Syed  Mudasser  Fida Gardazi; Dr. Muhammad Asim Iqbal Dr. Muhammad Asim Iqbal; Dr. Sardar  M A Waqar Khan Arif Dr. Sardar  M A Waqar Khan Arif

Authors

Syed Mudasser Fida Gardazi PhD Law Scholar, International Islamic University, Islamabad, Pakistan
Dr. Muhammad Asim Iqbal Assistant Professor, Department of Law, International Islamic University Islamabad
Dr. Sardar M A Waqar Khan Arif Assistant Professor, Department of Law, Faculty of Social Sciences and Humanities, University of Kotli, Azad Jammu and Kashmir, Pakistan

Abstract

The study shows how Islamic foundation opens the means of caveat venditor doctrine into the Sale of Goods Act, 1930 of Pakistan (SOGA). The doctrine says, "let the seller beware" which is a caution for the protection of buyer's interest regarding the quality of selling commodities. On the other hand, SOGA was influenced initially by the caveat emptor (let the buyer beware) doctrine. Yet to the extent of quality of goods, the Supreme Court of Pakistan suggested the legislature to abide by the injunctions of Quran and Sunnah in Wafaq-e-Pakistan versus Awamunnas, 1988. This study is a qualitative analysis for the caveat venditor doctrine and liabilities of a seller following Islamic law as discussed in the statutory provisions, case laws and literature on the subject. The study finds the concept of disclosure of defects in goods by the seller as an obligation under Islamic injunctions and the linkage between this concept and modern law doctrine of caveat venditor.

Keywords: Sale of Goods, Islamic Law, Caveat Venditor, SOGA, Caveat Emptor

The Inception of Caveat Venditor Doctrine in Sales Law of Pakistan