History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.813.5

v4.c63.813.5

Vyāsa provides that hides, fuel, bricks, yarn, grain, intoxicants, fluids, gold, inferior metals (like lead and tin) and other wealth should be carefully examined then and there i. e. when once bought after close examination none of these can be returned even if some defect⁸⁶⁸ is found therein. Nār. (XII. 5-6) cited above contains exceptions to this. Nār. XII. 7 gives an example of a purchase being not liable to be rescinded when a defective article is purchased with open eyes viz. a worn garment which is soiled with dirt and is in ragged condition cannot be returned to the vendor if it was in that state at the time of the purchase i. e. the maxim '*caveat emptor*' applies. If a purchaser does not take delivery of the thing sold to him, the vendor may sell it again to another⁸⁶⁹ and if the thing is lost through act of God or the king the loss falls on the buyer alone (Yāj. II. 255, Nār. XI. 9). Kāt. (692) provides⁸⁷⁰ that what has been sold by a lunatic or an intoxicated person or through intimidation or for an inadequate price or by one who is dependent or by an idiot should be relinquished by the purchaser; it still belongs to the seller. Kāt. (705–706) lays down a novel rule to find out what is adequate or inadequate price. What⁸⁷¹ is decided by the neighbours assembled together, who know (the land &c. and its value) and who are afraid of committing sin, as the price of fields, gardens, houses and the like, of bipeds and quadrupeds, is declared to be the proper price;