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Section 38 - Effect of refusal to accept offer of performance : Indian Contract Act 1872

 

What is the Effect of refusal to accept offer of performance? Section 38 of Indian Contract Act 1872

Section 38 of Indian Contract Act 1872 : "Effect of refusal to accept offer of performance"

38. Where a promiser has made an offer of performance to the promisee, and the offer has not been accepted, the promiser 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 legal consequences as an offer to all of them.

Illustration
A contracts to deliver to B at his warehouse, on the first March, 1873, 100 bales of cotton of a particular quality. In order to make an offer of a performance with the effect stated in this section, A must bring the cotton to B's warehouse, on the appointed day, under such circumstances that B may have a reasonable opportunity of satisfying himself that the thing offered is cotton of the quality contracted for, and that there are 100 bales.

 

 

INDIAN CONTRACT ACT 1872

Section 21 - Effect of mistakes as to law

Section 22 - Contract caused by mistake of one party as to matter of fact

Section 23 - What considerations and objects are lawful and what not

Section 24 - Agreements void, if considerations and objects unlawful in part

Section 25 - Agreement void, if made without consideration

 

 

Section 26 - Agreement in restraint of marriage void

Section 27 - Agreement in restraint of trade void

Section 28 - Agreements in restraint of legal proceedings void

Section 29 - Agreements void for uncertainty

Section 30 - Agreements by way of wager void

 

 

CHAPTER III CONTINGENT CONTRACTS

Section 31 - Contingent contract defined

Section 32 - Enforcement of contracts contingent on an event happening

Section 33 - Enforcement of contracts contingent on an event not happening

Section 34 - When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person

Section 35 - When contracts become void which are contingent on happening of specified event within fixed time

 

 

Section 36 - Agreements contingent on impossible events void

CHAPTER IV THE PERFORMANCE OF CONTRACTS

Section 37 - Obligation of parties to contracts

Section 38 - Effect of refusal to accept offer of performance

Section 39 - Effect of refusal of party to perform promise wholly

By whom contracts must be performed

Section 40 - Person by whom promise is to be performed

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