Skip to content

CMA Foundation · Fundamentals of Business Laws and Business Communication · Performance of Contracts

Under the Indian Contract Act, 1872, which of the following is one of the conditions that every valid offer of performance (tender) must fulfil?

A valid tender must be unconditional. Section 38 requires the offer of performance to carry no conditions, to be made at a proper time and place, and to let the promisee inspect anything offered. Writing, registration, use of an agent or a court deposit is not required.

  1. AIt must be unconditionalCorrect
  2. BIt must be made in writing and registered
  3. CIt must be made only through an agent
  4. DIt must be accompanied by a deposit with a court

Explanation

Section 38 lists three conditions: the offer must be unconditional, made at a proper time and place with a reasonable opportunity to ascertain ability and willingness, and, for delivery of a thing, allow the promisee to inspect it. Writing, registration, agents or court deposits are not requirements under the section.

Did you get it right without looking?

One question tells you little. A timed set on Performance of Contracts shows your real accuracy, how long you take and where you lose marks.

Practise Performance of ContractsFree diagnostic mock

More Performance of Contracts questions