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Sunday, 9 November 2008

Al-Majallah al-Ahkam al-‘Adaliyyah #8 - Chapter 1: The Contract of Sale - Section 5: Rescission of the Sale

Section 5: Rescission of the Sale

190. The two contracting parties may, by mutual agreement, rescind the sale after the conclusion of the contract.
191. As in the case of sale, rescission is carried out by means of offer and acceptance. Example: One of the two contracting parties states that he has rescinded or cancelled a sale and the other states that he has agreed thereto; or one of the parties tells the other to rescind the sale and the latter states that he has done so. The rescission is valid and the sale cancelled.
192. A valid rescission may also be affected by conduct that takes the place of offer and acceptance.
193. As in the case of sale, a meeting of the parties must take place in the case of rescission. That is to say, acceptance must be made known at the place where the offer is made. If this is done, and one of the contracting parties states that he has rescinded the sale, and the other party leaves without expressing his concurrence, or if one of the parties does anything which indicates dissent, the subsequent acceptance by the other is of no effect.
194. It is an essential condition that the thing sold should be in the possession of the purchaser at the time of the rescission. Consequently, if the thing sold is destroyed, the rescission is invalid.
195. If a portion of the thing sold is destroyed, rescission is valid as regards the remainder. Example: A vendor sells land he owns in absolute ownership, together with growing crops. After the purchasers have reaped the crops, the parties rescind the contract. The rescission is valid in so far as that part of the price concerning the land is concerned.
196. The loss of the price does not affect the validity of the rescission.

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