CMA Foundation · Fundamentals of Business Laws and Business Communication · Essential Elements of a Contract, Offer and Acceptance
Under Section 38, if a promisor makes a valid offer of performance and the promisee refuses to accept it, what is the effect on the promisor?
The promisor is not responsible for non-performance and keeps his rights under the contract. Section 38 gives this protection when a valid offer of performance is refused by the promisee.
- AThe promisor loses all rights under the contract
- BThe promisor is not responsible for non-performance and does not lose his rights under the contractCorrect
- CThe contract becomes void at once
- DThe promisor must pay compensation to the promisee
Explanation
Section 38 states that where a valid offer of performance is not accepted, the promisor is not responsible for non-performance. He also does not lose his rights under the contract. The other options contradict this.
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