Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Analysis of Caveat Emptor Application in Online Purchases

Author(s): Amirah Madihah Adnan, Norhoneydayatie Abdul Manap, Zamzuri Zakaria

Caveat emptor is a common law principle still in use in today’s sale and purchase transactions. The application of this principle placed consumers in a weak position, especially in the online purchase context. Therefore, this study aims to discuss in depth the application of caveat emptor in online purchase transactions. This qualitative study analysed the caveat emptor principle of the online purchase contracts. The findings indicate an unbefitting use of the caveat emptor principle in online sale and purchase contracts due to the presence of one-sided elements, particularly to online consumers. The recommendation to review the caveat emptor principle in the legal provisions should be taken into consideration.

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