REQUISITES OF A VALID TENDER
- It must be unconditional. It becomes conditional when it is not in accordance with the terms of the contract.
- It must be of the whole quantity contracted for or of the whole obligation. A tender of an installment when the contract stipulates payment in full is not a valid tender.
- It must be by a person who is in a position, and is willing, to perform the promise.
- It must be made at the proper time and place. A tender of goods after the business hours or of goods or money before the due date is not a valid tender.
- It must be made to proper person, i.e. the promise or his duly authorized agent. It must also be in proper form.
- It may be made to one of the several joint promises. In such a case it has the same effect as a tender to all of them.
- In case of tender of goods, it must give a reasonable opportunity to the promise for inspection of goods.
- In case of tender of money, the debtor must make a valid tender in the legal tender money.
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