Hindu Law and Custom (Recht und Sitte) c8.182

c8.182

Period of testing. The data are conflicting as to the period of examination, which may partly be the result of local differences; principally however it depends on the value of the article and its durability and the difficulty of testing it. Thus according to Nār. 9, 5 f. the period of testing shall be one day in the case of iron and garments, 3 days in the case of milch cows, 5 days in the case of beasts of burden, 7 days in the case of precious stones, pearls and corals, 10 days in the case of corns, a fortnight in the case of slaves and a whole month in the case of female slaves. Even a consummated sale may be annulled, according to Nār. 9, 3, on payment of some penalty which should amount to 1/30 of the price on the second day and 1/15 of the price on the third day. After 3 days every sale is final and definitive. An earnest money (satyamkāra) which may have been paid by the buyer is forfeited if he fails to realise the purchase; on the other hand, a seller who refuses to sell an article after having promised to do so shall pay back to the buyer double the amount of the earnest money (Vyāsa; Y. 2, 61). If the buyer refuses or makes delay in taking delivery of the article the risk of damage or loss that may happen through fire, theft etc., is of the buyer and the article may be sold to another person; on the other hand the seller is to bear the risk if he refuses