Indian Contract Act,1872
Act No : 9
Section : Effect of refusal to accept offer of performance
38.Effect of refusal to accept offer of performance.-Where apromisor has made an offer of performance to the promisee, and theoffer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract. Every such offer must fulfil the following conditions:- (1) it must be unconditional; (2) it must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able and willing there and then to do the whole of what he is bound by his promise to do (3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his promise to deliver. An offer to one of several joint promisees has the same legalconsequences as an offer to all of them, Illustration A contracts to deliver to B at his warehouse, on the 1st March,1873, 100 bales of cotton of a particular quality. In order to makean offer of a performance with the effect stated in this section, Amust bring the cotton to B's warehouse, on the appointed day, undersuch circumstances that B may have a reasonable opportunity ofsatisfying himself that the thing offered is cotton of the qualitycontracted for, and that there are 100 bales.
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