مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٦٤ - MISCELLANEOUS PROBLEMS RELATING TO LEASE RENT
doctor says: “Such and such medicine is useful for such and such patient” and the doctor is not responsible.
٢٢١٤. In case a doctor tells a patient: "It you
sustain harm I am not responsible" and if in spite of his taking due
care, the patient sustains harm or dies, the doctor is not responsible
even though he may have given him medicine with his own hand.
٢٢١٥.The lessee and the lessor can cancel the
lease contract with mutual consent. Moreover, if a condition is laid
down in the lease contract the one or both ofthem should have the right
to cancel the contract they can cancel the contract as agreed to by
them.
٢٢١٦. If the lessor or the lessee realizes that
he has been cheated and if he did not notice at the time of making the
lease contract that he was being cheated hecan cancel the lease
contract. However, if a condition is laid down in the formula of lease
that even ii the parties are cheated they will not be entitled to cancel
thecontract he cannot cancel it.
٢٢١٧. If a person gives something on lease, and
before he delivers it to the other party, it is usurped, the lessee can
cancel the lease contract, and take backwhatever he has given to the
lessor, or he may not cancel the lease contract, and take from the
usurper rent at the usual rate for the period the thing remains in
hispossession. Hence, if a person takes an animal on lease for one month
for $ ١٠ and some one usurps it for ten days and the usual rent for ten
days is $ ١٥ the lessee can take$ ١٥ from the usurper.
٢٢١٨. If the lessee takes delivery of the thing
which has been leased out and some one usurps it later he (the lessee)
cannot cancel the lease contract. He isentitled only to take rent of
that thing from the usurper at the usual rate.
٢٢١٩. If the lessor sells the property to the lessee before the expiry of the period of lease the lease contract is not canceled