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Wednesday, 22 October 2008

Al-Majallah al-Ahkam al-‘Adaliyyah #5 - Chapter 1: The Contract of Sale - Section 2: Agreement of Acceptance with Offer

Section 2: Agreement of Acceptance with Offer

177. The acceptance of one of the two contracting parties must agree exactly with the offer of the other contracting party as regards the price or subject matter. Such party has no power to separate or divide either the price or the subject matter. Examples:
  1. A vendor tells a purchaser that he has sold him certain cloth for one hundred piastres and the purchaser agrees thereto. He is then obliged to take the whole of such cloth for one hundred piastres. He cannot claim to take the cloth or a half thereof for fifty piastres.
  2. A tells B that he has sold him two horses for three thousand piastres and B accepts. B must take the two for three thousand piastres. He cannot take one of them for one thousand five hundred piastres.
178. It is sufficient if the acceptance agrees with the offer by implication. Examples:
  1. A vendor informs a purchaser that he has sold him certain property for a thousand piastres. The purchaser tells the vendor that he accepts for one thousand five hundred piastres. The contract of sale is for one thousand piastres. If the vendor, however, agrees to the increase of price at the time it is mentioned, the purchaser is bound to pay the additional five hundred piastres.
  2. A purchaser states that he has bought certain property for one thousand piastres. The vendor states that he has sold it for eight hundred piastres. A contract of sale has been concluded, and the two hundred piastres must be deducted.
179. If one of the two parties to a sale enumerates the prices of various articles, and proposes the sale of such articles en bloc and the other party accepts such offer, the latter may buy the whole lot for the whole price. If he does not do so, he may not divide up the lot and agree to buy any article he wishes at the fixed price. Example:
  1. A vendor states that he has sold two particular horses for three thousand piastres; the first one for one thousand piastres and the second for two thousand piastres, or each of them for one thousand five hundred piastres. The purchaser can take the two for three thousands piastres. He cannot, however, take the one he prefers of the two for the fixed price.
  2. A vendor states that he has sold three pieces of cloth for one hundred piastres. The purchaser states that he has bought one piece for one hundred piastres, or two pieces for two hundred piastres. No sale is concluded.
180. If one of the two parties to a sale enumerates the price of the various articles, and offers them for sale separately and the other party accepts the article he desires, at the fixed price, a contract of sale is concluded. Example: A vendor enumerates the prices of various articles for sale and repeats that he has sold them, this one for a thousand piastres and that one for two thousand piastres. In that case, the purchaser may accept one of the two for the fixed price and buy the same.
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