Tender of Performance
A Brief Analysis
Roll No. - 1282060
1st Semester, BBA LLB (A)
Kiit School Of Law, Bhubaneswar
I, Parijat Mishra of BBA LLB (A), 1st Semester, under roll number 1282060, am highly grateful to my teachers Mr Puranjoy Ghosh and Ms Jinia Kundu for their untiring help and encouragement during the course of my project titled "Tender Of Performance". I highly acknowledge, with deepest sense of gratitude and indebtedness, the coordination and support I received throughout the course of work. Thank You
Roll No. - 1282060
| Page No.
| List of Abbreviations and Cases
| Significance of Tender Of Performance
| Relevance in Indian Contract Law
| Relevant Case Summaries
List of Abbreviations and Cases
No significant abbreviations have been used in this project. The list of cases referred in the project and some basic definitions are provided below. Cases referred (with citation) : -
* Startup v MacDonald (1843) 6 Mann & G 593
* Planche v Colburn  EWHC KB J56 Kings Bench Division * Cutter v Powell  EWHC KB J13
Definitions of some basic terms used (Extracted from the Indian Contract Act, 1872) : - * Proposal : - "When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal."
* Promise : - "When a person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when a accepted, becomes a promise"
* Promisee and Promisor : - "The person making the proposal is called the "promisor", and the person accepting the proposal is called "promisee""
* Contract : - "An agreement enforceable by law is a contract"
The phrase "Tender Of Performance" can be defined as follows - "An offer or attempt to do what is required under a contract or under the law." However, to completely understand the meaning and scope of the term, we require some more data and analysis. Firstly, we need to understand the meaning of the word "tender". It can be defined as "an offer to do or perform an act which the party offering, is bound to perform to the party to whom the offer is made." "Performance" refers to the fulfilment or accomplishment of a promise, contract, or other obligation according to its terms. From the definitions mentioned above we can clearly infer that tender of performance refers to "being ready to perform a contract". Performance can be actual as well as attempted. If one party offers to perform his promise under the contract, it is called tender of performance. In this project, the importance/significance of tender of performance and its relevance in Indian Contract Law will be observed. Additionally, we will be looking at some important cases which helped establish the principles of the given topic.
Significance of Tender of Performance
In almost all laws relating to contract, a valid tender of performance is equivalent to actual performance. So, it should be necessary to properly establish what can be considered as "tender of performance". Essential Requisites of a Valid Tender : -
1. Unconditional - The tender should be unconditional, i.e., made in accordance with the terms of the contract. There should be no new or conflicting conditions present. 2. Whole Obligation - An offer to perform the promise in part will not be considered a valid tender. Apart from some exceptions (If tender in instalments is allowed in the contract), there has to be the whole obligation for a valid tender. 3. Made At a Proper Time And Place - If any fixed time and place is mentioned in the contract, then the tender of performance has to be made at that...
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