Tender of Performance

1942 WordsAug 16, 20138 Pages
Tender of Performance | A Brief Analysis | Parijat Mishra | | Roll No. - 1282060 1st Semester, BBA LLB (A) Kiit School Of Law, Bhubaneswar Acknowledgement I, Parijat Mishra of BBA LLB (A), 1st Semester, under roll number 1282060, am highly grateful to my teachers Mr Puranjoy Ghosh and Ms Jinia Kundu for their untiring help and encouragement during the course of my project titled "Tender Of Performance". I highly acknowledge, with deepest sense of gratitude and indebtedness, the coordination and support I received throughout the course of work. Thank You (Parijat Mishra) Roll No. - 1282060 Contents Sl. No | Topic | Page No. | 1 | List of Abbreviations and Cases | 1 | 2 | Introduction | 2 | 3 |…show more content…
4. Made To The Proper Promisee - The tender has to be made to the proper promisee. Tender made to an authorised agent would be valid but tender made to a stranger would obviously be invalid. 5. Reasonable Opportunity - It should be provided to the promisee to inspect the quality and quantity of the type of goods agreed upon and to satisfy himself that they are according to the terms of the contract. Two more essentials can also be considered : - 6. Person Giving Tender Must be Willing to Perform - The person giving the tender must be willing and capable to perform the whole of what he was bound by the contract to do. 7. Tender Of Money - Tender of money should always be made in the legal tender money and not in any other form If these essentials are fulfilled then one can safely conclude that a tender of performance has been made. Once the promisor makes a valid tender of performance, it is then for the promisee to accept the performance. If the tender of performance is rejected by the other party, the promisor is not responsible for non-performance and is entitled to sue the promise for breach of the contract. Relevance In Indian Contract Law The Indian Contract Act, 1872, recognises tender of performance and its important role in Contract Law. Section 38 mentions situations when tender of performance is not accepted by the promisee. It states - "38. Effect of refusal to accept offer of performance Where

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