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When the promisor offers to perform his obligation to the promisee, it is called

Section 38 addresses an offer of performance, conventionally called tender of performance. A proper tender must satisfy the statutory conditions, including an unconditional…

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When the promisor offers to perform his obligation to the promisee, it is called

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Section 38 addresses an offer of performance, conventionally called tender of performance. A proper tender must satisfy the statutory conditions, including an unconditional offer at the appropriate time and place with ability and willingness to perform. Novation instead replaces the contractual obligation under section 62.

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