Skip to content

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.

  1. AIt must be unconditional
  2. 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
  3. CIf it is an offer to deliver something, the promisee must have a reasonable opportunity of seeing that it is the thing promised
  4. 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.

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.

More Performance of Contracts questions