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Section 33: Refusal to accept offer of performance in contracts

33.Refusal to accept offer of performance

(1)Where a promisor makes an offer of performance to a promisee but the offer is not accepted, the promisor is not responsible for non­performance and does not lose his or her rights under the contract.

(2)An offer shall fulfil the following conditions—

(a)it shall be unconditional;

(b)it shall be made at a time and place and under such circumstances that the person to whom it is made has a reasonable opportunity of ascertaining that the person by whom it is made is able and willing to do what he or she is bound to do by the promise; and

(c)where the offer is an offer to deliver anything to the promisee, the promisee shall have a reasonable opportunity to see that what is offered is what the promisor is bound by the promise to deliver.

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

Plain English Summary

If you offer to perform your side of a contract and the other person refuses to accept that performance, you are not responsible for failing to perfor...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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