Business LawMr.Nandkani is a shopkeeper. He agreed to sell to Mr. James some kind of oil described as“foreign refined rape on warranted only equal to sample”. The samples contained an...
Mr.Nandkani is a shopkeeper. He agreed to sell to Mr. James some kind of oil described as
“foreign refined rape on warranted only equal to sample”. The samples contained an admixture
of hemp oil and the oil delivered was adultered in the same way .After purchasing, Mr.James
found that the oil was not rape oil. What is the right of Mr. James as a Purchaser?
This is a tricky one because the product was defined as being sold as 1) rape oil and 2) as being the same as the sample.
The oil was not rape oil, so that purchaser would seem to have good reason to expect recompense for his purchase. However, the oil delivered was the same as the sample...
It seems that the winning side of this would be the purchaser's side. Mr. James was told the oil would be "rape oil". As this is a specific definition of the product, Mr. James should reasonably expect the prodict to actually be rape oil. He has a right to demand a full refund.
Mr. Nandkani committed fraud if it was not what he said it was. However, Mr. James likely has little recourse. As the saying goes, "buyer beware." Depending on the country, he may just lose the money.