An unstated expectation and an expressly stipulated contractual attribute are not identical.
1. A buyer privately expects a machine to produce 100 units per day, but that ability is never agreed.
2. Seller and buyer expressly agree the machine can produce 100, but it can only produce 40.
The second is closer to the stipulated-attribute doctrine. Real cases depend on the terms and proof of the claim.
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Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes
An unstated expectation and an expressly stipulated contractual attribute are not identical.
1. A buyer privately expects a machine to produce 100 units per day, but that ability is never agreed.
2. Seller and buyer expressly agree the machine can produce 100, but it can only produce 40.
The second is closer to the stipulated-attribute doctrine. Real cases depend on the terms and proof of the claim.