chp#6

Question 1

What is the meaning of performance?

Answer 1

Performance means fulfilling the promise made under the contract.

Question 2

Enlist two types of performance.

Answer 2

Actual performance.
Attempted (or Tendered or Offer) of Performance.

Question 3

What is actual performance?

Answer 3

If a promisor actually performs the promise, and promisee accepts it.

Question 4

What is Attempted (or Tendered or Offer) of Performance?

Answer 4

If a promisor offers to perform the promise in accordance with terms of contract, but promisee does not accept it.

Question 5

What are the Essentials of a valid Tender/Offer of Performance? (8 Points)

Answer 5

1 Unconditional.
2 At proper time.
3 At proper place.
4 To proper person.
5 According to terms and conditions.
6Reasonable opportunity to inspect.
7For whole obligation.
8Of exact amount and in Legal tender.

Question 6

What are the Essentials of a valid Tender/Offer of Performance?
1. Unconditional.

Answer 6

Tender is said to be unconditional when it is made in accordance with the terms of the contract.

Question 7

What are the Essentials of a valid Tender/Offer of Performance?
2. At proper time.

Answer 7

Tender must be made at specified time.

Question 8

What are the Essentials of a valid Tender/Offer of Performance?
3. At proper place.

Answer 8

Tender must be made at specified place.

Question 9

What are the Essentials of a valid Tender/Offer of Performance?
4. To proper person.

Answer 9

Tender must be made to the promisee or his agent.

Question 10

What are the Essentials of a valid Tender/Offer of Performance?
5. According to terms and conditions.

Answer 10

Tender should be made in accordance with the terms of the contract (e.g. Specified quantity/quality).

Question 11

What are the Essentials of a valid Tender/Offer of Performance?
6. Reasonable opportunity to inspect.

Answer 11

Promisor should give reasonable opportunity of inspection to promisee to check that goods offered are same as agreed.

Question 12

What are the Essentials of a valid Tender/Offer of Performance?
7. For whole obligation.

Answer 12

Tender must be for the whole obligation and not for a part of the obligation.
However, a minor deviation from the terms of the contract does not make tender invalid.

Question 13

What are the Essentials of a valid Tender/Offer of Performance?
8. Exact Amount in Legal tender.

Answer 13

In case of tender of money, it must be of exact amount in legal tender.