LessonsRescission by Agreement: Original Price and Loss of GoodsQuiz

Compare two losses in otherwise similar sales:

Case 1 — original currency is lost: goods survive, so iqalah may proceed with an equivalent refund.

Case 2 — the identified goods are destroyed: the original subject cannot be restored through ordinary iqalah.

The controlling distinction is whether the original sold object still exists, not merely which party lost an asset.

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Comparing two types of loss

Rescission by Agreement: Original Price and Loss of Goods

Compare two losses in otherwise similar sales:

Case 1 — original currency is lost: goods survive, so iqalah may proceed with an equivalent refund.

Case 2 — the identified goods are destroyed: the original subject cannot be restored through ordinary iqalah.

The controlling distinction is whether the original sold object still exists, not merely which party lost an asset.