CHAPTER SEVEN

CR (177) It is quite lawful for a seller to set a condition, which allows him to use his house, or land etc., for a certain period of time to benefit.

CR (178) Giving possession of the merchandise which is obligatory for both parties, in the case of moveable properties means letting the other party to use what he has bought and removing all obstacles for such use.

CR (179) If the merchandise gets destroyed due to some heavenly reason and before it is delivered to the relevant party, the contract becomes invalid and the buyer is entitled for refund of what he has paid and the loss of merchandise is loss to the seller. The same rule applies to what the buyer has paid if it gets destroyed before reaching the seller.

CR (180) In order to relieve one party from the responsibilities of giving possession of the merchandise or the payment in the case of moveable properties, it is enough to follow what is mentioned in rule 178, besides, for movable ones it is necessary to give full control of merchandise or payment to the other party like collecting money or clothes or holding the harness of the animal.

CR (181) It is the same as if the merchandise is destroyed when it is not possible for one party to use what he has bought like when the property before delivery is stolen, drowned, or a slave runs away or bird flies off, etc.

CR (182) If the buyer asks the seller to give what he (buyer) has bought to a certain person and this person accepts the delivery it is just like accepting delivery by the buyer himself, likewise, if the buyer asks the seller to send the merchandise to his home town, etc., and the seller does so. It will make no difference whether the delivering person is identified or not.

CR (183) If the merchandise is destroyed by the seller or some one not involved in the contract; but could be reached to remedy the loss, in this case, according to the strong view the contract is valid and the buyer demands refund or replacement from the person who has destroyed the merchandise. Whether it is lawful on the part of the buyer to annul the contract because the merchandise can no longer be delivered to this there exists an objection, although it is clearer that he may have the choice to annul the contract.

CR (184) If the merchandise before getting destroyed and reaching the buyer, produces some gains, the gains will belong to the buyer.

CR (185) If a defect appears in the merchandise before it is delivered to the buyer he may return it to the seller as mentioned before.

CR (186) If one buys some merchandise in wholesale deal and some of them are destroyed before the delivery of the rest, the contract becomes void for the destroyed portion of goods for which the buyer asks refund and about the rest it is up to him to annul the contract or not.

CR (187) It is necessary for the seller to make the merchandise available and ready for the use of the buyer like if the land is cultivated and it is not yet the time of harvest, the seller has still to remove the produce, unless the seller sets a condition to let the produce stay in the field until harvest; but he must pay the rent if it is not stipulated to let them be in the field without any charges. If after harvest the roots harm the land or such other things which affects the land, all such obstacles must be removed by the seller or if when moving out some damage is caused to the land it must be repaired by the seller.