Reason for liability by value

Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes

The seller’s option prevents transfer of title. Once the buyer has taken the property and it perishes, returning the same object is impossible.

The rule consequently uses the value of the object as the measure of liability.

Before selecting a liability measure, identify which party reserved the option. The following rule uses the contract price instead.