https://www.taxtmi.com/caselaws?id=772988 In a sale by description, goods must correspond with the contract description, and an "as is where is and whatever there is" clause does not cure misdescription. The Kerala HC noted that copper ingots were advertised, but copper alloy ingots were delivered, making the goods commercially distinct. It also held that latent defects not discoverable by ordinary inspection are not protected by caveat emptor or the auction terms. The sale was therefore set aside, and refund of the amount paid towards the sale consideration was allowed. en-us Fri, 02 May 2025 00:00:00 +0530 Tue, 17 Jun 2025 07:57:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=772988 In a sale by description, goods must correspond with the contract description, and an "as is where is and whatever there is" clause does not cure misdescription. The Kerala HC noted that copper ingots were advertised, but copper alloy ingots were delivered, making the goods commercially distinct. It also held that latent defects not discoverable by ordinary inspection are not protected by caveat emptor or the auction terms. The sale was therefore set aside, and refund of the amount paid towards the sale consideration was allowed. Case-Laws Companies Law Fri, 02 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=772988