CHAPTER 2. Offer of Performance
Chapter 2 enacted 1872.
§§ 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…