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At the agreed time and place, a promisor is ready and able to carry out the whole promise and gives the…

Section 38 addresses a promisor’s offer of performance when the promisee refuses it. An offer to carry out the promise is commonly called a tender of performance. A refused…

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At the agreed time and place, a promisor is ready and able to carry out the whole promise and gives the promisee an opportunity to receive it. The promisee refuses. Which two expressions describe what the promisor did under the Indian Contract Act, 1872?

I. Performance
II. Part performance
III. Tender of performance
IV. Offer of performance

Select one answer
Answer and explanation

Correct answer C

Section 38 addresses a promisor’s offer of performance when the promisee refuses it. An offer to carry out the promise is commonly called a tender of performance.

A refused tender is distinct from completed or partial performance. A valid tender must meet the conditions in section 38.

Option feedback

Option A

The facts show neither completed nor partial performance.

Option B

A tender occurred, but performance did not take place because the promisee refused it.

Option C

Tender and offer of performance both name the promisor’s act.

Option D

The promisor made a tender. No part of the obligation was performed merely by offering to perform.

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