Offer of Performance

Civil Code Division 3, Part 1, Title 4, Chapter 2 deals with offers of performance.

Section 1485 provides that an obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation.

Section 1486 states that an offer of partial performance is of no effect.

Section 1487 says that an offer of performance must be made by the debtor, or by some person on his behalf and with his assent.

Section 1488 states that an offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation, if the creditor or authorized person is present at the place where the offer may be made; and if not, wherever the creditor may be found.

Section 1489 explains that, in the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor, in four specified instances.

Section 1490 states that, 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 nor afterwards.

Section 1491 says that, 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 a reasonable demand, has refused to perform.

Section 1492 states that, 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 obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime.

Section 1493 provides that an offer of performance must be made in good faith, and in the manner as is most likely, under the circumstances, to benefit the creditor.

Section 1494 says that an offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform.

Section 1495 provides that an offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.

Section 1496 states that 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.

Section 1497 says that 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.

Section 1498 states that, 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 to depend upon the due performance of such condition.

Section 1499 says that a debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.

Section 1500 provides that 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 the creditor, with some bank or savings and loan association within this state, of good repute, and notice thereof is given to the creditor.

Section 1501 provides that 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 the offer, and which could be then obviated by him, are waived by the creditor, if not then stated.

Section 1502 explains that 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 to that effect.

Section 1502 says that the person offering a thing, other than money, by way of performance, must, if he or she means to treat it as belonging to the creditor, retain it as a depositary for hire, until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no longer, and, if with reasonable diligence he can find a suitable depositary therefor, until he has deposited it with that person.

Section 1504 states that an offer of payment or other performance made though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof.

Section 1505 states that, if anything is given to a creditor by way of performance, which he refuses to accept, he is not bound to return it without demand.