Using a case example, make an argument for or against the following statement:
Consumers need to take the statement Caveat Emptor more seriously and fulfil their obligations under a contract irrespective of mistake of law or mistake of fact.
Article source: Lewis sold his car to a man claiming to be the famous English actor, Richard Greene. The man showed a (fake) studio pass with his name and details to Lewis to prove identity. He then ‘bought’ the car with a valueless cheque. Before Lewis had a chance to cash the cheque and discover the fraud, the man on sold the car to Averay, who bought the car without knowing of the fraud (buying in good faith). Lewis sued Averay for the value of the car.
can you write for or against in 50-100 words
1 answer
In this case, I argue against the statement that consumers need to take the principle of Caveat Emptor more seriously and fulfill their obligations under a contract irrespective of mistake of law or mistake of fact. Lewis, the original car owner, was deceived by a fraudulent individual posing as a famous actor. The fraud was so convincing that Lewis had no reason to doubt the identity of the buyer or the authenticity of the offered payment. Averay, the subsequent buyer, bought the car in good faith, unaware of the fraud. Holding Averay responsible for the mistake of law or fact would be unfair and counterproductive to protecting innocent consumers. Under these circumstances, it is essential to emphasize the need for accountability on the part of the fraudulent individual, rather than burdening unsuspecting consumers.