Chapter 5.11 - Laws Relating to Rescission of Purchase (krītānuśaya)

Yājñavalkya without enumerating the nature of the vyavahārapada called krītānuśaya, expounds rules and regulations to govern the subject. The Mitākṣarā quotes the definition given in the Nāradasmṛti to explain this title of law. The Nāradasmṛti describes rescission of purchase to be that title of law wherein a buyer after having purchased an article for a price repents of the purchase, made by him or does not approve of it.^[1] Yājñavalkya lays down different time-period for rescission of different commodities. The Manusmṛti prescribes a general time limit of ten days to return or take back the chattel regarding which a person repents after buying or selling.^[2]

Yājñavalkya is more specific than Manu while allotting the time of approval after an article has been brought. He allows ten days’ time for the examination and return of seeds, in case of iron or metal, the time is limited to one day. The stipulated time adopted for examination and approval of beasts of burden, jewels, female slave, milch cattle and male slave is five days, one week, one month, three days and half month respectively.^[3] Thereafter, the author prescribes the rule to examine the various kinds of metal such as gold, silver, etc. Generally, these metals are given to artisans for preparing ornaments, utensils, etc. The law provides the usual amount of loss that is acceptable in melting different metals. Yājñavalkya states that fire causes no deterioration to gold. In case of silver, tin, lead, copper and iron, the depreciation suffered in weighing a quantity of per hundred palas are respectively two palas, eight palas, eight palas, five palas, and ten palas.^[4]

The Mitākṣarā illustrates that, as gold is not reduced even after being heated in fire, so, as much gold a goldsmith takes for making ornaments, etc., that much gold by weight must be returned to the purchaser. Otherwise, they will be under obligation to compensate the loss and also has to undergo the punishment.^[5] In case of cloth made from woolen and cotton yarns of rough quality, an increase of ten palas in a hundred palas is legally approved. In case of cloth prepared from same thread of middling quality and of fine quality, the increase is accepted respectively as five and ten palas in a hundred palas.^[6] Besides setting up the special rule of reduction, and increase for some of the articles, Yājñavalkya propounds a prudent rule of general application to determine the quality of manufactured articles and the liabilities of the artisans towards it. According to him, if the artisan causes any deterioration, then he is bound to pay the amount of compensation, determined by experts, after taking into consideration the time, place, use and the intrinsic value of the strength and weakness of the article.^[7] Thus, it may be noticed that Yājñavalkya was well aware and conscious about the exploitation of consumers at the hands of fraudulent sellers and, therefore, safeguarded their interests through legal provisions.

There are many provisions in modern law, the purpose of which is similar to that of the laws enumerated by Yājñavalkya, under the title rescission of purchase. Some of the provisions may be mentioned here, which share similar import with the laws of Yājñavalkya on this subject. For example, Section 15 of the Sale and Goods Act incorporates the principle that in case of sale by description the goods must correspond to it.

Section 17(2) of the same Act imposes certain implied conditions in case of a contract of sale by sample that the bulk shall correspond with the sample, buyers shall get reasonable opportunity for comparing it and the goods shall be free from any defect rendering them unmerchantable.

Section 16 (1) lays down that when buyers expressly or by implication makes known to the seller the purpose for which it is required, he relies on the seller’s skill or judgment and the goods are of a description which is in the course of seller’s business to supply, and there is an implied condition that the goods shall be fit for that purpose.

Moreover, Section 16 (2) states where goods are brought by description from a seller, who deals in goods of that description, and then it is considered that there is implied condition that the goods shall be of merchantable quality.^[8] At present, the Consumer Protection Act, 1886, as amended by the Consumer Protection (Amendment) Act, 2002, also provides redress to a consumer when the goods purchased are defective or the services are subject to some deficiency.^[9]

Footnotes and references:

[1]:

krītvā mūlyena yaḥ paṇyaṃ kretā na bahu manyate/ krītānuśaya ityetadvivādapadamucyate// Nāradasmṛti, 4.9. 1

[2]:

Manusmṛti, 8.222

[3]:

daśaikapañcasaptāhamāsatyarhārdhamāsikam/ bījāyovāhyaratnastrīdohyapuṃsāṃ parīkṣaṇam// Yājñavalkyasmṛti, 2.177

[4]:

agnau suvarṇamakṣīṇaṃ rajate dvipalaṃ śate/ aṣṭau trapuṇi sīse ca tāmre pañca daśāyasi// Ibid.,2.178

[5]:

vahnau pratāpyamānaṃ suvarṇaṃ na kṣīyate/ ataḥ kaṭakādinirmāṇārthaṃ yāvatsvarṇakārahaste prakṣiptaṃ tāvattulitaṃ taiḥ pratyarpaṇīyam/ itarthā kṣayaṃ dāpyā daṇḍyāśca/ Mitākṣarā,Ibid.

[6]:

śate daśapalā vṛddhiraurṇe kārpāsasautrike/ madhye pañcapalā vṛddhiḥ sūkṣme tu tripalā matā// Yājñavalkyasmṛti,2.179

[7]:

deśaṃ kālaṃ ca bhogaṃ ca jñātvā naṣṭe balābalam/ dravyāṇāṃ kuśalā brūyuryattaddāpyamasaṃśayam// Ibid.,2.181

[8]:

Kapoor, S.K., Op.cit., pages 22-29

[9]:

Vide, Bangia, R.K., Op.cit., pages 607-608