Under the chapter’s basic rule, the buyer has two choices:
1. Accept the item at the entire agreed price, despite the missing attribute.
2. Rescind because the promised attribute was absent.
Example: a machine costs Rs 50,000 with a promised feature. The clause does not independently award a right to keep it for Rs 40,000. A separate voluntary settlement would be a different transaction.
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Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes
Under the chapter’s basic rule, the buyer has two choices:
1. Accept the item at the entire agreed price, despite the missing attribute.
2. Rescind because the promised attribute was absent.
Example: a machine costs Rs 50,000 with a promised feature. The clause does not independently award a right to keep it for Rs 40,000. A separate voluntary settlement would be a different transaction.