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California Civil Code Section 1511

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1511

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 extent to which they operate:
   1. When such performance or offer is prevented or delayed by the
act of the creditor, or by the operation of law, even though there
may have been a stipulation that this shall not be an excuse;
however, the parties may expressly require in a contract that the
party relying on the provisions of this paragraph give written notice
to the other party or parties, within a reasonable time after the
occurrence of the event excusing performance, of an intention to
claim an extension of time or of an intention to bring suit or of any
other similar or related intent, provided the requirement of such
notice is reasonable and just;
   2. When it is prevented or delayed by an irresistible, superhuman
cause, or by the act of public enemies of this state or of the United
States, unless the parties have expressly agreed to the contrary;
or,
   3. When the debtor is induced not to make it, by any act of the
creditor intended or naturally tending to have that effect, done at
or before the time at which such performance or offer may be made,
and not rescinded before that time.
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Last modified: March 17, 2014