EFFECT OF REFUSAL TO ACCEPT OFFER OF PERFORMANCE

EFFECT OF REFUSAL TO ACCEPT OFFER OF PERFORMANCE

According to Section 38 of the Act - where a promisor has made an ouer of performance to the promisee, and the ouer has not been accepted, then the promisor is not responsible for non performance, nor does he thereby lose his rights under the contract.

Every such ouer must fulfill certain conditions which are as follows, namely:

(i) it must be unconditional;

(ii) 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;

(iii) if the ouer is an ouer to deliver anything to the promisee, then the promisee must have a reasonable opportunity of seeing that the thing ouered is the thing which the promisor is bound by his promise to deliver.

An offer to one of several joint promisees has the same legal consequences as an offer to all of them.