(6) The Right of Observation and Choice to annual the contract.

If one sees some merchandise and then buys it, but finds it against what he had seen before or finds some merchandise against what it was described, in these cases the buyer has the choice to either approve the contract or annul it.

CR (145) It does not matter whether the presence or absence of a quality which entitles one to exercise this right of annulling the contract is a quality which makes the merchandise of higher or lower quality and attracts more buyers and, thus, is what this buyer desired or it happens to be satisfying to some people only like the illiteracy of a worker, supposing it is not liked by all people, or a certain color of some fabrics that is desirable to some people and undesirable to others.

CR (146) The party in the above cases has the choice to annul the contract and returning the merchandise or not annul the contract and keeping the merchandise, but the party having such right, does not have the right to demand compensation for the defect if he does not annul the contract. Likewise, the parties' right to annul stands good even if the seller compensates him for the defect or replaces the merchandise with one not defective.

CR (147) Just as the buyer becomes entitled to the right to annul the contract when the quality of merchandise happens to be against what it was described. In the same way the seller becomes entitled to have the same right if in case first he observes the merchandise and then sells it thinking of it as having the same qualities but later finds it as a different quality or sells something with the description of a certain quality but later discovers the contrary.

CR (148) According to the more popular view this right becomes immediately effective but according to the view more to reality the opposite is true.

CR (149) This right is annulled by revoking it after seeing the merchandise or even before seeing as well as by using the merchandise after seeing if it indicates one's accepting the contract, likewise, would be the case if it happens before seeing. About the legality of invalidating the right of annulling the contract during finalizing the contract there are two views, according to the stronger view it is legal and thus it could be annulled during finalizing the contract. If the merchandise is of general nature. For example, if one sells a merchandise of general nature with a certain description and then delivers to the buyer a piece of the merchandise, the buyer will not have the choice of revoking the transaction; all he can do is to demand for a piece of merchandise that has the described quality. If the merchandise of a general nature is confined to one individual like saying, "I sell you a pound of this good grape", and then he receives a merchandise that does not fit the description, he in this case, can exercise his right to annul the contract.

CR (150) The example in which this right is exercised is the specified goods. Such right is not applicable to the sale of goods of general nature. If one sells such goods and delivers to buyer a piece of goods, which does not have the required quality, the buyer will not have the choice to revoke the contract. All he can do is to demand for a piece of merchandise that has the described quality. If the goods are of a general nature but confined to one piece like saying I sell you a pound of this good grape, and then he receives goods that does not fit the description, he can exercise his right to revoke the contract.