California Civil Code CHAPTER 2 - Offer of Performance

• Section 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.(Enacted 1872.)
• Section 1486.
  An offer of partial performance is of no effect.(Enacted 1872.)
• Section 1487.
  An offer of performance must be made by the debtor, or by some person on his behalf and with his assent.(Enacted 1872.)
• Section [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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.(Enacted
• Section 1494.
  An offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform.(Enacted 1872.)
• Section 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.(Enacted 1872.)
• Section 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.(Enacted
• Section 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.(Enacted
• Section 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...
• Section 1499.
  A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.(Enacted 1872.)
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018