PART 1. OBLIGATIONS IN GENERAL [1427. - 1543.]
Part 1 enacted 1872.
§§ 1427–1543 · 85 sections
TITLE 1. DEFINITION OF OBLIGATIONS [1427. - [1428.]] §§ 1427–[1428.] · 2 sections
TITLE 2. INTERPRETATION OF OBLIGATIONS §§ 1429–1451 · 22 sections
CHAPTER 1. General Rules of Interpretation § 1429 · 1 section
- § 1429 The rules which govern the interpretation of contracts are prescribed by Part II of this Division. Other obligations are interpreted by the same rules by which…
CHAPTER 2. Joint or Several Obligations §§ 1430–1432 · 8 sections
- § 1430 An obligation imposed upon several persons, or a right created in favor of several persons, may be: 1. Joint; 2. Several; or, 3. Joint and several.
- § 1431 Joint Liability An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except as…
- § 1431.1 Findings and Declaration of Purpose The People of the State of California find and declare as follows: a) The legal doctrine of joint and several liability,…
- § 1431.2 Several Liability for Non-economic Damages (a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative…
- § 1431.3 Nothing contained in this measure is intended, in any way, to alter the law of immunity.
- § 1431.4 Amendment or Repeal of Measure. This measure may be amended or repealed by either of the procedures set forth in this section. If any portion of subsection (a)…
- § 1431.5 Severability. If any provision of this measure, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder…
- § 1432 Except as provided in Section 877 of the Code of Civil Procedure, a party to a joint, or joint and several obligation, who satisfies more than his share of the…
CHAPTER 3. Conditional Obligations §§ 1434–1442 · 9 sections
- § 1434 An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
- § 1435 Conditions may be precedent, concurrent, or subsequent.
- § 1436 A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.
- § 1437 Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.
- § 1438 A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he…
- § 1439 Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself;…
- § 1440 If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract…
- § 1441 A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or which is…
- § 1442 A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
CHAPTER 4. Alternative Obligations §§ 1448–1451 · 4 sections
- § 1448 If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is…
- § 1449 If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by…
- § 1450 The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another…
- § 1451 If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation…
TITLE 3. TRANSFER OF OBLIGATIONS §§ 1457–1471 · 15 sections
- § 1457 The burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by Section 1466.
- § 1458 A right arising out of an obligation is the property of the person to whom it is due, and may be transferred as such.
- § 1459 A non-negotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments.…
- § 1459.5 (a) A plaintiff who prevails on a cause of action against a defendant named pursuant to Part 433 of Title 16 of the Code of Federal Regulations or any…
- § 1460 Certain covenants, contained in grants of estates in real property, are appurtenant to such estates, and pass with them, so as to bind the assigns of the…
- § 1461 The only covenants which run with the land are those specified in this Title, and those which are incidental thereto.
- § 1462 Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence,…
- § 1463 The last section includes covenants “of warranty,” “for quiet enjoyment,” or for further assurance on the part of a grantor, and covenants for the payment of…
- § 1465 A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property.
- § 1466 No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired…
- § 1467 Where several persons, holding by several titles, are subject to the burden or entitled to the benefit of a covenant running with the land, it must be…
- § 1468 Each covenant, made by an owner of land with the owner of other land or made by a grantor of land with the grantee of land conveyed, or made by the grantee of…
- § 1469 Each covenant made by the lessor in a lease of real property to do any act or acts on other real property which is owned by the lessor and is contiguous…
- § 1470 Each covenant made by the lessor in a lease of real property not to use or permit to be used contrary to the terms of such lease any other real property which…
- § 1471 (a) Notwithstanding Section 1468 or any other provision of law, a covenant made by an owner of land or by the grantee of land to do or refrain from doing some…
TITLE 4. EXTINCTION OF OBLIGATIONS §§ 1473–1543 · 46 sections
CHAPTER 1. Performance [1473. - [1479.]] §§ 1473–[1479.] · 7 sections
- § 1473 Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with his assent, if accepted by the…
- § 1474 Performance of an obligation, by one of several persons who are jointly liable under it, extinguishes the liability of all.
- § 1475 An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common, or…
- § 1476 If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular manner, the obligation is…
- § 1477 A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained…
- § 1478 Performance of an obligation for the delivery of money only, is called payment.
- § [1479.] Section Fourteen Hundred and Seventy-nine. Where a debtor, under several obligations to another, does an act, by way of performance, in whole or in part, which…
CHAPTER 2. Offer of Performance §§ 1485–1505 · 21 sections
- § 1485 An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation.
- § 1486 An offer of partial performance is of no effect.
- § 1487 An offer of performance must be made by the debtor, or by some person on his behalf and with his assent.
- § [1488.] Section Fourteen Hundred and Eighty-eight. An offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person…
- § 1489 In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor: 1. At any place appointed by the…
- § 1490 Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards.
- § 1491 Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has…
- § 1492 Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an…
- § 1493 An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor.
- § 1494 An offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform.
- § 1495 An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
- § 1496 The thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted.
- § 1497 A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.
- § 1498 When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the…
- § 1499 A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.
- § 1500 An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with some…
- § 1501 All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which…
- § 1502 The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect.
- § 1503 The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depositary for…
- § 1504 An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on…
- § 1505 If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains…
CHAPTER 3. Prevention of Performance or Offer §§ 1511–1515 · 4 sections
- § 1511 The want of performance of an obligation, or of an offer of performance, in whole or in part, or any delay therein, is excused by the following causes, to the…
- § [1512.] Section Fifteen Hundred and Twelve. If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits which he would…
- § 1514 If performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a ratable…
- § 1515 A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due,…
CHAPTER 4. Accord and Satisfaction [[1521.] - 1526.] §§ [1521.]–1526 · 6 sections
- § [1521.] Section Fifteen Hundred and Twenty-one. An accord is an agreement to accept, in extinction of an obligation, something different from or less than that to…
- § 1522 Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed.
- § 1523 Acceptance, by the creditor, of the consideration of an accord extinguishes the obligation, and is called satisfaction.
- § [1524.] Section Fifteen Hundred and Twenty-four. Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in…
- § 1525 It is the public policy of this State, in the best interests of the taxpayer and of the litigant, to encourage fair dealing and to promote justice by reducing…
- § 1526 (a) Where a claim is disputed or unliquidated and a check or draft is tendered by the debtor in settlement thereof in full discharge of the claim, and the…
CHAPTER 5. Novation [1530. - [1533.]] §§ 1530–[1533.] · 4 sections
- § 1530 Novation is the substitution of a new obligation for an existing one.
- § 1531 Novation is made: 1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation; 2. By the substitution of…
- § 1532 Novation is made by contract, and is subject to all the rules concerning contracts in general.
- § [1533.] Section Fifteen Hundred and Thirty-three. When the obligation of a third person, or an order upon such person is accepted in satisfaction, the creditor may…
CHAPTER 6. Release §§ 1541–1543 · 4 sections
- § 1541 An obligation is extinguished by a release therefrom given to the debtor or the released party by the creditor or releasing party, upon a new consideration, or…
- § 1542 A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing…
- § 1542.1 Notwithstanding Section 1542, a provider of health care, as defined in Section 56.05, or its officers, employees, agents, or subcontractors, shall release the…
- § 1543 A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect…