Question based Anna University MBA BL Assignment Solution and other course
Answer:
Tender or offer of performance to be valid must satisfy the following conditions:-
- It must be unconditional
Ex: – ‘X’ offers to ‘Y’ the principal amount of the loan. This is not a valid tender since the whole amount of principal and interest is not offered.
- It must be made at a proper time and place.
Ex: – If the promisor wants to deliver the goods at 1 am. This is not a valid tender unless it was so agreed;
- Reasonable opportunity to examine goods.
Ex: – Delivery of something to the promise by the promisor promise must have reasonable opportunity of inspection.
- It must be for the whole obligation: – goods and amount.
Ex: – ‘X’ a debtor, offer’s to pay ‘Y’ the debt due in installments and tenders the first installment. This is not a valid tender minor deviation – not invalid [Behari lal v ram gulam]
- It must be made to the promise or his duty authorized agent or proper person.
Ex: – It must be person who is willing to person his part of performance.
- In case of payment of money, tender must be of the exact amount due and it must be in the legal tender.
In case of proper form tender must be made in the proper form. The form may be decided by the parties while making the contract.
