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A contracts to deliver to B, at B's warehouse, on 1 March 1873, 100 bales of cotton of a particular…

The illustration to section 38 says A must bring the cotton to B's warehouse on the appointed day, so that B can satisfy himself that it is of the quality and quantity…

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A contracts to deliver to B, at B's warehouse, on 1 March 1873, 100 bales of cotton of a particular quality. Under section 38 of the Indian Contract Act, 1872, what must A do to make an offer of performance that has its proper legal effect?

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Correct answer C

The illustration to section 38 says A must bring the cotton to B's warehouse on the appointed day, so that B can satisfy himself that it is of the quality and quantity contracted for. An offer of performance must be unconditional, "made at a proper time and place", and give the promisee a reasonable opportunity of seeing that the thing offered is what was promised. Notice of readiness elsewhere, or tender on another day, does not meet these conditions.

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