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Friday, 31 October 2008

Al-Majallah al-Ahkam al-‘Adaliyyah #6 - Chapter 1: The Contract of Sale - Section 3: The Place Where the Sale is Concluded

Section 3: The Place Where the Sale is Concluded

181. The place where the sale is concluded is the place where the parties meet together with a view to the conclusion of the sale.
182. Both parties posses an option during the meeting at the place of sale, after the offer has been made, up to the termination of the meeting. Example: One of the two parties to the sale makes an offer at the meeting place of the parties to the sale by stating that he has sold such and such property for a certain sum of money, or that he has bought such property, and the other party fails to state immediately afterwards that he has bought or has sold and some time later accepts at the same meeting. The sale is concluded, no matter how long the meeting may have lasted or how long the period between offer and acceptance may have been.
183. If one of the parties gives any indication of dissent after the offer and prior to acceptance, either by word or by deed, the offer becomes void and there is no longer any reason for acceptance. Example: one of the two parties to the sale, after stating that he has bought or that he has sold, occupies himself with some other matter, or discusses some other question. The offer becomes void, and thereafter the sale cannot be concluded by acceptance.
184. If one of the two parties to the sale makes an offer, but revokes such offer before the other party has accepted, the offer becomes void, and thereafter the sale cannot be concluded by acceptance. Example: A vendor states that he has sold such and such goods for so much money, but revokes such offer before the purchaser has accepted, and the purchaser later states that he has accepted such offer. No sale is concluded.
185. A renewal of the offer before acceptance cancels the first offer and its place is taken by the second offer.
Example: The vendor states that he has sold such and such property for one hundred piastres, but before the purchaser has accepted, revokes the offer, and states that he has sold for one hundred and twenty piastres, and the purchaser accepts such offer. The first offer is of no effect, and the sale is concluded on the basis of one hundred and twenty piastres.

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