LessonsRescission by Agreement: Original Price and Loss of GoodsQuiz

The object sold is typically a specific, identified thing, while the cash price is normally dischargeable by a fungible equivalent.

That is why replacement or spending of the particular notes need not eliminate the subject of iqalah: the originally sold item can still be returned.

Do not mistake “loss of the price does not prevent iqalah” for cancellation of the duty to refund the equivalent price.

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The price versus the particular goods

Rescission by Agreement: Original Price and Loss of Goods

The object sold is typically a specific, identified thing, while the cash price is normally dischargeable by a fungible equivalent.

That is why replacement or spending of the particular notes need not eliminate the subject of iqalah: the originally sold item can still be returned.

Do not mistake “loss of the price does not prevent iqalah” for cancellation of the duty to refund the equivalent price.