Illustrate Tender of Performance

Question

What do you mean by Tender of Performance?

Answer 1

Performance may take form of tendering performance. A party is exonerated of its duty to perform if another party provide performance impossible. It becomes necessary for one party to reveal that it was willing and capable to perform a convention in order to show that the other party was in breach. Let’s take an example, one party may have an agreement to make repairs to a house, but another party denies access to premises when person arrives to do work. In that case, repairer has tendered performance that might be used as confirmation when he sues the defaulting party.  When a person tenders performance, he/she ought to have tender acknowledged or least witnessed by a 3rd party which can testify to person's willingness to complete her contractual obligations. Tendering performance can be of vital importance in contracts relating to land if a party seeks equitable remedy of specific performance.