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In contract law, a tender is an offer of performance. The
tender, when properly made, has the effect of placing the other
party in default if he refuses to accept it, and the party making
the tender may rescind, or sue for breach of contract or for
specific performance, where this remedy is available. The tender
must be for full performance at a proper time and place. It must
be timely, unconditional, and in good faith. If the contract
calls for the delivery of some specific thing, actual production
of it at the time of tender is not necessary. Cal. Civ. Proc.
Code sec. 1496 (West 1982). The party must merely be able to
produce it and must do so when the offer is accepted. An offer
in writing to pay money or to deliver a written instrument or
specific personal property is, if unaccepted, equivalent to
actual production. Cal. Civ. Proc. Code sec. 2074 (West 1983).
Finally, the person to whom tender is made must specify any
objections he may have at the time or defects in form or method
are waived. Cal. Civ. Proc. Code sec. 2076 (West 1983). See
generally, 1 Witkin, Summary of Cal. Law, Contracts, secs. 714,
716, and 717, (9th ed. 1987).
In the instant case, petitioner did everything possible he
could do short of placing the money for the tax liability in Mrs.
5(...continued)
interpretation and enforcement. Cal. Civ. Proc. Code sec. 1635
(West 1985); In re Marriage of Benjamins, 26 Cal. App. 4th 423
(1994).
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