A used machine is sold for Rs 50,000. Later its pre-existing hidden mechanical fault is discovered; meanwhile, the purchaser damaged its exterior.
Ask:
1. Is the mechanical defect commercially material?
2. Is the exterior damage genuinely subsequent?
3. If yes, what arsh is due for the earlier defect, and will the seller consent to return?
The sequence separates liability for the old defect from later buyer-side damage.
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Khiyar al-Ayb: Defects, Remedies and Waiver
A used machine is sold for Rs 50,000. Later its pre-existing hidden mechanical fault is discovered; meanwhile, the purchaser damaged its exterior.
Ask:
1. Is the mechanical defect commercially material?
2. Is the exterior damage genuinely subsequent?
3. If yes, what arsh is due for the earlier defect, and will the seller consent to return?
The sequence separates liability for the old defect from later buyer-side damage.