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CSEET · Business Laws and Management · Elements of Law of Contracts

Under section 38, which of the following is NOT a condition that a valid offer of performance must fulfil?

Writing with two witnesses is not a condition. Section 38 requires an offer of performance to be unconditional, made at a proper time and place with reasonable opportunity to verify ability and willingness, and, for delivery, allow the promisee to see the thing offered.

  1. AIt must be unconditional
  2. BIt must be made at a proper time and place, giving a reasonable opportunity to ascertain that the promisor is able and willing to perform wholly
  3. CIt must be made in writing and attested by two witnessesCorrect
  4. DIf it is an offer to deliver anything, the promisee must have a reasonable opportunity of seeing that it is the thing promised

Explanation

Section 38 lists three conditions: unconditional, proper time and place with opportunity to ascertain ability and willingness, and, for delivery, a reasonable opportunity to inspect the thing. No requirement of writing or witnesses appears. Hence option C is not a condition.

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