CMA Foundation · Fundamentals of Business Laws and Business Communication · Performance of Contracts
Which of the following is NOT a condition the Act lays down for a valid offer of performance?
A witnessed written notice signed by two witnesses is not a condition of a valid tender. Section 38 requires only that the offer be unconditional, made at a proper time and place showing ability and willingness to do the whole, and allow inspection of goods.
- AIt must be unconditional
- BIt must be made at a proper time and place so that the promisee can ascertain the promisor is able and willing there and then to do the whole of his promise
- CIf it is an offer to deliver something, the promisee must have a reasonable opportunity of seeing that it is the thing promised
- DIt must be accompanied by a written notice signed by two witnessesCorrect
Explanation
Section 38 lists three conditions: unconditional, proper time and place with opportunity to ascertain ability and willingness to do the whole, and reasonable opportunity to inspect goods offered. A witnessed written notice is not among them.
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