The Minor Law Books (SBE33): Fragments of B<I>ri</I>haspati: XVIII. Rescission of Purchase and Sale

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The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com

XVIII. RESCISSION OF PURCHASE AND SALE.

1. 1 This set of rules concerning the law of agreements has been briefly stated; disputes arising from purchase and sale shall be treated next.

2. Two sorts of property are distinguished, immovable and movable; when a purchase is concluded, the term 'vendible property' (panya) is applied to both.

3. 3 The purchaser shall examine a chattel himself and show it to others; when, after examining and approving it, he has accepted it, he is not at liberty to return it again.

4. 4 The foolish man who sells an article, though acquainted with its blemish, shall have to pay twice its value (to the vendee), and (a fine of) the same amount (to the king).

5. 5 What has been sold by one intoxicated or insane, or at a very low price, or under the impulse of fear, or by one not his own master, or by an idiot, shall be relinquished (by the purchaser, or it) may be recovered (from the purchaser) by forcible means.

6. 6 Within that period, if a blemish should be

p. 351

discovered anywhere in the commodity purchased, it shall be returned to the vendor, and the purchaser shall recover the price.

Footnotes

350:1 XVIII, 1, 2. Ratn. p. 189; Col. Dig. III, 3, 1.

350:3 Vîram. p. 433; Col. Dig. III, 3, II; Ratn. p. 198; Viv. p.117.

350:4 Vîram. p. 441; Ratn. p. 192; Col. Dig. III, 3, 31; Viv. p. 114.

350:5 Vîram. p. 441; Ratn. p. 193; Col. Dig. III, 3, 37. Thus, according to some commentators; others construe the clause 'at a very low price' with each part of the sentence.

350:6 Viv. p. 116; Col. Dig. III, 3, 14; May. p. 131. 'Within that period,' i.e. the period allowed for examination.

Next: XIX. Boundary Disputes

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